People often assume that landlords who refuse to accept housing benefit are operating a discriminatory policy, but this is not the case. There is no law that specifically says a private landlord cannot refuse a property to a tenant who will be claiming benefits.
Can landlords refuse to accept housing benefit?
People often assume that landlords who refuse to accept housing benefit are operating a discriminatory policy, but this is not the case. There is no law that specifically says a private landlord cannot refuse a property to a tenant who will be claiming benefits.
Can landlords take people on benefits?
The National Landlords Association gave evidence to the House of Commons Works and Pensions Committee stating that “...in the last three years there has been a 50% drop in the number of landlords taking people who are on benefits.
Can a tenant apply for Housing Benefit?
While all tenants can apply for housing benefit, not all tenants will receive a payment. Whether or not they will receive any benefits will depend on the tenant’s individual circumstances. Once the landlord has granted a tenancy, a tenant can apply for housing benefit.
Can a tenant receive less housing benefit than they pay in rent?
It’s common for a tenant to receive significantly less housing benefit than the tenant is expected to pay in rent.
Can landlords refuse DSS UK?
No, they can't. In September 2020, housing benefit discrimination was ruled unlawful in a landmark court ruling. At the historic hearing at York County Court, 'no DSS' discrimination was declared unlawful, meaning letting agents and private landlords cannot refuse to accept tenants on this basis.
Can you say no DSS?
'No DSS' policies are unlawful discrimination The courts have ruled that 'no DSS' policies are unlawful because they indirectly discriminate against women and disabled people.
How do I get around no DSS?
How to challenge 'No DSS' discriminationKeep a written note of phone and face-to-face conversations if you start to hear a "No DSS" message. ... Make a formal complaint to the landlord or agent.You can also contact The Property Ombudsman and your local MP on the issue.More items...•
Why do landlords not accept Housing Benefit?
Landlords have cited a number of reasons for refusing to rent to tenants in receipt of benefits, including: procedural and administrative delays with processing claims can lead to a build up of arrears.
Does my landlord need to know I claim Universal Credit?
Universal Credit does not tell landlords when a tenant makes a claim, but will contact the landlord to get their bank details so housing cost payments can be made directly to the landlord. If landlords do not want to provide this information by phone, they can do so by requesting a direct payment to be set up.
Can you exclude DSS tenants?
A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory.
Is DSS the same as Housing Benefit?
Department of Social Services tenants, otherwise known as DSS tenants, are those who claim housing benefits due to financial difficulties through unemployment, disabilities and/or being a single parent. Understandably, many landlords are reluctant to rent to this group.
Can a landlord refuse to rent to someone UK?
A key point to understand is that you are free to refuse to rent to anyone for any reason, as long as it is not with respect to one of these characteristics. For example, you can still refuse to rent to someone on the grounds that they are claiming housing benefit.
Why do landlords feel unsure about letting to tenants claiming benefits?
Some landlords feel unsure about letting to tenants claiming benefits because both universal credit and housing benefit are paid in arrears.
When do you pay a non refundable rent?
You pay a non refundable fee at the start of the tenancy, often equivalent to just a week's rent.
What is LHA rate?
LHA rates are used to work out universal credit or housing benefit for private renters. You may get less than your LHA rate if you're working. If you already pay a similar or higher rent to a private landlord whilst claiming benefits, provide bank statements and references to show a good history of rent payments.
How much rent can you pay as a deposit?
You can't be asked to pay more than the equivalent of 5 weeks' rent as a deposit.
Where do landlords advertise?
Some landlords advertise on social media groups and local online forums.
Who acts on behalf of the landlord when offering viewings and tenancies?
The agent acts on behalf of the landlord when offering viewings and tenancies.
Do you need a credit check to rent a house?
If you've already shown the property is affordable and that you can provide references, a guarantor or rent in advance, there may be no need for a credit check.
How often is housing benefit paid?
housing benefit is paid 4 weekly and in arrears, while rent is generally demanded in advance and on a monthly basis – reconciling these systems can cause difficulties for tenants and landlords. many mortgage lenders impose conditions on the mortgage forbidding a landlord from renting to a tenant in receipt of benefits.
Why can't landlords rent to tenants?
Landlords have cited a number of reasons for refusing to rent to tenants in receipt of benefits , including: procedural and administrative delays with processing claims can lead to a build up of arrears. housing benefit is paid 4 weekly and in arrears, while rent is generally demanded in advance and on a monthly basis – reconciling these systems can ...
What happens if a landlord refuses to sign a certificate of occupation?
If the landlord refuses to sign the Certificate of Occupation, the Housing Executive will need to accept other proof of the tenancy. Tenants could submit a tenancy agreement, rent book or evidence of a history of rental payments to show that a tenancy does in fact exist.
How much has the number of landlords dropped in the last 3 years?
The National Landlords Association gave evidence to the House of Commons Works and Pensions Committee stating that “...in the last three years there has been a 50% drop in the number of landlords taking people who are on benefits.
Can tenants apply for housing benefits?
While all tenants can apply for housing benefit, not all tenants will receive a payment. Whether or not they will receive any benefits will depend on the tenant’s individual circumstances. Once the landlord has granted a tenancy, a tenant can apply for housing benefit. To be eligible for housing benefit, claimants must have a legal obligation ...
Is housing benefit discrimination legal?
Some people may argue that this type of policy could be seen as indirect discrimination if, for example, housing benefit claimants were predominantly female or predominantly from an ethnic minority group. However, this type of discriminatory practice can be legal if it can be reasonably justified.
Where are local housing allowance rates set?
local housing allowance rates are set at the lower end of the rental market and tenants may have difficulties topping up the shortfall between their benefit payment and their rent.
What is Section 8 housing?
The Section 8 Housing Choice Voucher (HCV) program is the largest federal rental subsidy program. It serves over 2.1 million low-income households. The program depends on private landlord participation, since voucher holders use their Section 8 rental assistance to lease apartments on the private market.
Why do landlords complain about inspections?
Landlords also complain that the inspection process is arbitrary . An apartment may receive a passing grade one year, and then fail the next with a different inspector. One landlord representative said that while units occupied by voucher tenants have higher maintenance costs, it is mostly because of the need to keep up with inspections rather than damage by residents.
What is landlord inspection?
One of the most common landlord issues is annual inspections. On the positive side, annual inspections make sure that apartments supported by taxpayer dollars meet basic health and safety standards. Doing the inspections each year means that landlords need to keep their units up over time.
How long does it take to find an apartment with HUD?
They must also pass an annual inspection and meet HUD’s Housing Quality Standards (HQS). Voucher holders have 60 days to find an apartment that meets the program guidelines, although it is possible to get short extensions.
Do landlords miss appointments with voucher holders?
In addition, landlords were more likely to miss appointments with voucher holders than the control testers without vouchers. There was also a slight bias towards the control testers with no vouchers. Landlords were more likely to tell them about, and invite them to visit, more units.
Can landlords accept Section 8 vouchers?
Large numbers of landlords around the country refuse to accept tenants with Section 8 vouchers. A 2018 study ,prepared for HUD by the Urban Institute, investigated discrimination against voucher holders in five major metropolitan areas: Fort Worth, TX; Los Angeles, CA; Philadelphia, PA; Newark, NJ, and; Washington, DC.
Can you use a voucher for an apartment?
Finding an apartment where that voucher can be used, however, may be even harder. Many landlords around the country will not accept tenants with Housing Choice Vouchers, especially in low-poverty neighborhoods .
