Difficulty paying rent

Local Housing Allowance is normally paid to the tenant.  Tenants cannot choose to have the benefit paid to their landlord. But in some circumstances we can decide to pay the landlord.

When may a local authority choose to pay the landlord?

In most cases we must pay the landlord if the tenant is eight weeks or more in arrears with their rent.  Although if a tenant is with holding payment due to a dispute the local authority may suspend payments or pay a third party until the dispute has been resolved.

Payments can be made to landlords when we decide that the tenant is :

• Likely to have difficulty in managing their affairs
• Unlikely to pay their rent

Who might have difficulty in paying their rent?

There are many reasons why someone may have difficulty paying their rent.  For instance:

• Severe debt problems.
• Recent County Court judgements.
• Undischarged bankrupt.
• Unable to open a bank or building society account.
• Has deductions made from their Income Support or Jobseekers Allowance for recovery of utility bills.
• Is getting help from Supporting People.
• Is getting help from a homeless charity.
• Has a learning difficulty.
• Has an illness that stops them from managing on a day to day basis.
• Cannot read or speak English.
• Drugs, alcohol or gambling addiction.
• Is fleeing domestic violence.
• Is a care leaver.
• Has just left prison.
• Is in homeless accommodation.

Who can ask for payments to be made to the landlord?

Tenants, landlords, tenant's families or persons acting on the tenants behalf can tell us if the tenant is having difficulty or is likely to have difficulty in paying their rent.   We may also identify tenants who may have difficulty managing their money from our records.  Landlords can contact us if their tenants are getting into arrears with their rent.

Who decides if we can pay the landlord?

We decide if direct payment to landlord is appropriate.   There may be times when Housing Benefit staff will know someone has difficulty in managing their money and may take action based on this knowledge.

In other cases, where a request for direct payment has been received we will need evidence that it is in the tenants interest to pay the landlord direct.  Evidence will need to be in writing and can be provided by:

• The tenant.
• Friends and family of the tenant.
• The landlord.
• Welfare groups.
• Social services.
• Probation Officers.
• Jobcentre Plus.
• The Pension Service.
• Homeless charities/organisations.
• Supporting people teams.
• Rent deposit scheme administrators.

We will work with the tenant when making our decision.  Once we have collected the evidence we will decide as quickly as possible if a direct payment to landlord is appropriate.  While we are making our decision benefit will continue to be paid to the tenant.  

Paying the rent

It is important to pay the rent on time.  If a tenant is in arrears the landlord can apply to the courts to evict them from their home.

Eviction means:

• You will lose your home.
• Your benefit may not be paid to you in the future.
• You may have difficulty finding new accommodation.
• You will still have to pay your landlord the money you owe.
• You may have to pay court costs as well.
• An application for re-housing may be affected if it is considered you have made yourself intentionally homeless.

This is same as the rules under the old housing benefit scheme.

Page last reviewed 6 May 2009