Housing Benefit (Information for Landlords)

Landlords
If your tenant has claimed Housing Benefit to help with the payment of rent, you should be aware of the following points.

Method of payment
Housing Benefit payments are made every four weeks, in arrears, by BACS or cheque.
Landlords wishing to have the payment made direct to them must apply on a Request Form, available from the Housing Service.  The form must be signed by both the landlord and the tenant.

The Rent Officer's determination
There is often a limit on the amount of benefit payable.  The authority can only pay the Maximum Rent as advised by the Rent Officer Service.  The maximum rent may be less than the rent charge for various reasons including:

  • the rent is considered too high in comparison with rents for other similar-sized properties in the area;
  • the property is considered too large for the needs of the tenant(s) and rent is restricted to an amount considered sufficient to obtain a property of a suitable size;
  • the tenant is aged under 25 years and the rent is restricted to that applicable for a single room; and/or
  • the tenant may have income that is taken into account that reduces his/her benefit entitlement.

If for any reason your tenant does not receive Housing Benefit at the same level as the rent charged, the landord should look to the tenant to make good the shortfall.

Service charges
If the rent includes a charge for services for example, heating, meals, or water rates, these items are not eligible for benefit.  The tenant has to pay for these from his/her own income.

Changes of circumstances
It is the duty of all persons who claim benefit to notify the Council of changes that may affect their entitlement.  If benefit is overpaid because of changes to circumstances, in most instances the benefit claimant is expected to repay the amount overpaid.
If the Housing Benefit for your tenant is to be paid direct to the landlord, then the landlord is also expected to notify the Council of any changes to tenants' circumstances that may affect their benefit entitlement.  The Council would look to the landlord to make good any overpaid benefit in these circumstances.

Overpayment of rent allowance
If your tenant is overpaid rent allowance, the overpayment may be recovered from any continued entitlement.
If they are no longer entitled to benefit, an invoice will be issued.  Where payment has been made to the landlord, or the landlord's agent, an invoice for repayment will be issued to the landlord or the agent.
If a landlord continues to receive payments for other tenants, recovery of any overpayment may be made from those payments.

Right of appeal
Where payment is made direct to the landlord or the landlord's agent, the landlord has a right of appeal.  But this appeal is restricted to:

  • the Council's decision to recover overpaid benefit from the landlord or agent
  • the Council's decision not to pay the landlord direct

An appeal is only considered if it is made in writing and is made within one calendar month of the issue of the disputed Council decision.
Tenants also have a right of appeal, but it is not restricted in the same way as in the case of landlords.
However, to be valid, appeals from tenants must be in writing and be received within one calendar month of the issue of the disputed Council decision.

Disclosure of information
If payment is made to the landlord or the landlord's agent, the landlord will be advised of the amount of benefit due, and the period of entitlement.
The landlord will also be advised if the tenant's benefit entitlement changes or is cancelled.  If there is an overpayment, the landlord will be advised of the amount and the period to which it relates.
If a landlord wishes to obtain any further information about the tenant's circumstances, a disclosure form or a letter from the tenant must be held by the Council on file giving authorisation for the disclosure of information.  The Council's standard benefit application form enables tenants to give the Council permission to discuss their claim with the landlord.

The Housing Benefit (General) Regulations 1987 (extract)
Duty to notify changes of circumstances
75. (1) ..., if any time between the making of a claim and its determination, or during the benefit period, there is a change of circumstances which the claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, might reasonably be expected to know, might affect the claimant's right to the amount of or the receipt of housing benefit, that person shall be under the duty to notify that change of circumstances by giving notice in writing to the designated office.
Examples of the changes to be advised are:
1. The claimant (or partner), cease to receive Income Support.
2. The claimant (or partner), start to receive any Benefit/Income not previously declared.
3. The claimant (or partner), starts, or ceases, to work.
4. The claimant (or partner), has a pay rise, or any other increase in income.
5. Someone leaves or joins the household (ie: a lodger).
6. Anyone who lodges in the household starts, or ceases, to receive Income Support or becomes, or ceases to be, a student.
7. The family is increased by the birth of a child, or the family cease to receive Child Benefit for one, or more, of their children.
8. The claimant gains, or loses, a partner (ie: marries/cohabits/separates).
9. The claimant (or partner) is admitted to, or discharged from, hospital.
10. The claimant (or partner) leaves the property to live elsewhere.
11. The rent the claimant has to pay changes.

Page last updated on 6 May 2005