does housing benefit pay rent arrears

Full Answer

Can I pay my rent arrears using my benefits?

Paying arrears using your benefits means you won’t have to worry about making extra payments to your landlord yourself. It also means your landlord will get all the money you owe them - though it can take a long time, as you’ll usually only repay small amounts.

Can I get housing benefit to pay my rent?

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit.

Can I get council housing if I have rent arrears?

Some local authorities won’t allow you to apply for council housing if you have rent arrears for a council house you’ve previously lived at. This means you may need to clear the arrears quickly if you want to get rehoused with them.

Can a housing association evict you for rent arrears?

Housing associations and private landlords must give you notice and apply for a court order if they want to evict you for rent arrears. They have to provide evidence that you have failed to pay the correct rent.

Do you get housing benefit in arrears?

If your tenant pays their rent weekly or in multiples of weeks, then housing benefit payments will be made every four weeks in arrears (for the previous four-week period). If your tenant pays their rent calendar monthly, then housing benefit payments will be made in arrears at the end of each calendar month.

How many months rent arrears before eviction UK?

If they use a rent arrears ground, the court can sometimes stop or delay an eviction to allow you to pay off the arrears. This won't usually be possible if you owe more than 2 months' rent. It is illegal eviction if your landlord tries to evict you without a court order.

How much rent arrears can universal credit take?

Recovering rent arrears from a Universal Credit claim If your tenant has accrued rent arrears to the value of 2 months' rent or more, you can request a managed payment or rent arrears deduction. The maximum rate at which deductions for rent arrears can be made is 20% of the Universal Credit standard amount.

How do you get out of arrears?

How do you deal with rent arrears?Look at your budget and work out how much you can afford to pay.Contact your landlord and tell them you'd like to make a new payment arrangement. Send them a copy of your budget to show you're offering to pay the most you can manage.If agreed, keep to this new payment arrangement.

How long does it take to get evicted for not paying rent?

From 1 June your landlord or letting agent has legal powers to serve an eviction notice. Your landlord cannot make you leave your home without giving you the appropriate notice. The notice period is usually four months, however sometimes this can be reduced to 2-4 weeks in serious cases.

Does rent arrears affect credit score UK?

Landlords generally don't report unpaid rent to credit bureaus. However, once your account goes to collections, the collection agency will likely report it. Collection accounts stay on your credit report for seven years and can significantly hurt your credit score.

Does Universal Credit pay full rent?

If you pay rent to a local authority, council or housing association, you'll get your full rent as part of your Universal Credit payment. However, this is reduced if it's decided you have more bedrooms than you need.

Does Housing Benefit pay rent in advance?

Housing benefit and rent in advance Housing benefit is paid at the end of the month so can't be used to cover rent in advance. It can take the Housing Executive up to 2 weeks to process a housing benefit claim.

Does Universal Credit backdated Housing Benefit?

You can apply to get a Universal Credit payment to cover up to 1 month before you started your claim - this is called 'backdating'. You'll need a good reason for not claiming earlier - if you're in a couple, you'll both need a good reason.

Who is liable for rent arrears?

Legally all rent arrears remain due and owing (regardless of whether they will be ring-fenced in the future) and landlords can issue money claims for them. If judgment is obtained this can be enforced through enforcement officers or other means.

Can I move with rent arrears?

Most council and housing association tenants can apply for a transfer. If you have rent arrears, you might be refused a transfer unless you come to an agreement to pay off the arrears.

How do you deal with tenants in rent arrears?

How to deal with a tenant whose rent has fallen into arrearsKeep a record of payments.Write to the tenant.Send a letter to the guarantor.Claim possession of your property.Go to court.

Eligibility

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit. You...

What you'll get

You may get help with all or part of your rent. There’s no set amount of Housing Benefit and what you get will depend on whether you rent privately...

Supporting your claim

You’ll need to provide some information and evidence to support your claim for Housing Benefit. You’ll get Housing Benefit faster if you have this...

How to claim

Housing Benefit is being replaced by Universal Credit. Most people will need to claim Universal Credit instead. Check if you’re eligible for Housin...

Report a change of circumstances

You need to report a change of circumstances for you and anyone else in your house. Your claim might be stopped or reduced if you do not report a c...

Other help with housing costs

Housing Benefit will not cover heating, hot water, energy or food. If you need help, use a benefits calculator to check what else you might be enti...

What happens if you are in arrears with rent?

If your landlord takes legal action because of your rent arrears, the sheriff or tribunal will have to take into account if there is a delay in your Housing Benefit or Universal Credit claim, - so long as this wasn't your fault - when deciding whether or not to evict you. This only applies if you are a:

Why is my rent arrears not being processed?

If you have rent arrears because you are waiting for your Housing Benefit claim to be processed, don't assume that it has not been processed because there is a backlog. Your claim form may have got mislaid, so contact the council to make sure that they have your form and any additional information required to process your claim. ...

What is an assured tenant?

You must be able to show: that you have provided the council or benefits department with all the necessary information to process your claim, and. that when your claim is processed, you expect the benefit payment to clear all or most of your arrears.

How long does it take to get a Universal Credit payment?

There is usually a five week wait before your first payment of Universal Credit but you can request a payment in advance. You will need to pay this back over the following year.

Do you have to pay back housing benefit?

If you are getting Housing Benefit or Universal Credit, you may at some point receive a letter telling you that you have been overpaid and that you have to pay it back . You might have to pay it back directly but if the money was being paid directly to your landlord they might ask your landlord to pay it back from your rent account and this could lead to arrears.

Can I get SMI if I pay my mortgage on my own home?

you’re paying a mortgage on your own home - you may be able to get Support for Mortgage Interest (SMI) you live in the home of a close relative. you’re already claiming Universal Credit (unless you’re in temporary or supported housing) you live with your partner and they are already claiming Housing Benefit.

Does it matter if your partner is on a state pension?

were getting Housing Benefit. had reached State Pension age. It does not matter if your partner is under State Pension age. If your circumstances change and your Housing Benefit is stopped, you cannot start getting it again unless you and your partner are eligible to make a new claim.

Can you get Universal Credit if you are not in sheltered housing?

If you do not get ‘care, support or supervision’ through your supported or sheltered housing, you can apply for Universal Credit to help with housing costs. If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

Can you claim housing benefits if you are unemployed?

Housing Benefit can help you pay your rent if you’re unemployed, on a low income or claiming benefits. It’s being replaced by Universal Credit. You can only make a new claim for Housing Benefit if either of the following apply: you have reached State Pension age. you’re in supported, sheltered or temporary housing.

Can you claim Universal Credit if you are a Crown Tenant?

You may be able to get other help with housing costs. If not, you’ll need to claim Universal Credit instead.

How long can you backdate your rent?

A working age claimant can only apply for backdated benefit for a period of up to one month a if s/he can show 'good cause' for the failure to claim earlier. [ 10] If the claimant is over the age of 60, her/his claim can in most circumstances be automatically backdated for up to three months with no requirement to demonstrate good cause. [ 11] A specific application for backdating should be made. If the application is refused, the appeals/review process may have to be followed to a tribunal. If the claimant's case comes to court or tribunal whilst the Housing Benefit appeal/review process is underway, a sist or a lengthy continuation should be requested. For more information on backdating claims, please see the section on backdated claims.

What to do when evicted for rent arrears?

One of the first things to do for a client faced with eviction for rent arrears is to check the housing benefit entitlement. In cases where the client is due in court or tribunal on the same day it may be appropriate to ask for a continuation for a couple of weeks until the client's housing benefit entitlement can be properly checked.

How can a local authority recover an overpayment?

The local authority can recover an overpayment by adjusting the rent account. The overpayment must be identified separately and should not represent rent arrears. [ 15] Any action to recover the overpayment should be kept separate for any possession action on the grounds of rent arrears. [ 16] A local authority tenant who has an overpayment and rent arrears would be advised to prioritise making payments to the rent arrears to avoid the possibility of being evicted. [ 17]

What is non dependent deduction?

The non-dependent deduction, 'in practice a major source of rent arrears', [8] is applied when certain groups of people live in the same house as the housing benefit claimant . Depending on that person's age and income, a certain amount will be deducted from the claimant's benefit, the expectation being that the person living in the claimant's house makes up the rent shortfall. Most commonly this occurs when an adult son or daughter continues to live in the parental home. For more information on non-dependant deductions, please see the section on calculation of Housing Benefit.

What happens if a tenant appeals a form?

If the appeal goes to tribunal, the onus will be on the tenant to show that s/he did send the form. Local authorities may produce evidence of the office systems in place for receiving post, recording its receipt and matching it to the relevant file. Some reports on the Benefit Fraud Inspectorate website suggest that some local authorities have poor record management systems. A report of this kind could be used to back up a suggestion that a form might have been received but not recorded.

What is reg 64?

reg.64 (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 SI 2006/214 as amended by The Social Security (Miscellaneous Amendments) (No.4) Regulations 2008 SI 2008/2424

When is a claim for housing benefit made?

A claim for Housing Benefit will generally be treated as being made on the date on which the claimant notified the local authority or appropriate Department of Work and Pensions office of her/his intention to claim housing benefit . [ 13] A claim form will be issued to the claimant, which must be completed and returned to the relevant office within one calendar month, or such longer period as the local authority deems reasonable. [ 14]

What happens if you don't pay rent arrears?

If you don’t deal with your arrears, your landlord or letting agency could take steps to evict you, but you do have the chance to avoid this happening.

What should I do if housing benefit delays mean I can't pay my rent?

Your local council should process your housing benefit claim within 14 days. Contact the housing benefit department if you don’t get your payment. It helps to keep a copy of your original claim, to help them locate your record. If you claimed online you should have had an email receipt.

What to do if you can't pay rent?

Rent arrears. Get help if you can’t pay your rent. Rent arrears are priority debts. If you have rent arrears on a property you live in, it’s important to contact the landlord or letting agency quickly to offer a way to repay what you owe. If you don’t do this, you’re at risk of eviction. If you’re looking to rent with arrears on a previous ...

How to make a new payment arrangement with landlord?

Contact your landlord and tell them you’d like to make a new payment arrangement. Send them a copy of your budget to show you’re offering to pay the most you can manage

Should you pay rent arrears on a previous property?

You should treat rent arrears from a previous property the same as you should do with other non-priority unsecured debts, unless the landlord has taken court action to recover the money you owe them. Find out more about which debts to pay first .

What to do if you are homeless after eviction?

Contact your local authority if you're at risk of homelessness because of eviction. Their housing department will be able to advise you about applying for social housing or emergency accommodation.

Can you evict someone for breathing space?

If you qualify, your landlord cannot evict you for rent arrears during your Breathing Space. However, your landlord could still evict you for other reasons, like anti-social behaviour, or if they need the property to live in themselves. Breathing Space is there to reduce stress while you deal with your debts, so it’s important ...

Why don't landlords let DSS tenants?

However, some Landlords simply don’t let to DSS tenants because there is a belief that DSS Tenants won’t take good care of the property and will miss payments. However, such beliefs are more often than not unfounded and if at all will only apply to a minority of individuals.

Can you list your property on DSS?

If you decide to let to Tenants on housing benefit, then you can also get your property listed on websites such as DSS Move.

Can you let someone on housing benefits?

If you’re a Landlord and you decide to let to someone on housing benefits, then there’s a number of things that you can do to make sure that they are an appropriate Tenant before you let to them.

Can DSS insurance be refused?

Some buildings and contents insurance premiums can be higher if a Landlord lets to DSS tenants, and sometimes insurance is refused altogether.

Can you pay rent in arrears?

Rent paid in arrears. If you rent to employed Tenants, or those not on benefits, as the Landlord you receive payment in advance. However, when you let to Tenants on housing benefit, the rent can be paid directly to you the Landlord, but the payment is in arrears – so at the end of a term rather than in advance.

Can councils take money back from tenants?

The administration of housing benefit itself can be very slow too; payments can start and stop, often without notice. Also councils have the right to take money back from the landlord, if the Tenant was claiming fraudulently.

How to contact landlord in Northern Ireland?

You can find advice for tenants elsewhere on our website. Private landlords in Northern Ireland can call Landlord Advice on 028 9024 5640 and choose option 5. Try to deal with rent arrears quickly and sympathetically. It will usually be harder for the tenant to pay their debts if they have missed several rent payments.

How to evict a tenant who has not paid rent?

But, landlords can take steps to evict a tenant if they have not paid rent. You will have to write to the tenant. Your letter or email should. explain that you have decided to end the tenancy because of their failure to pay rent. give the tenant a date by which they must leave the property.

How to increase the amount of financial help your tenants get towards their rent?

There are 2 things you can do to increase the amount of financial help your tenants get towards their rent. Encourage tenants to apply for a discretionary housing payment. Make sure tenants on universal credit are getting a rates rebate.

What to do if you don't move out of a house?

use the deposit, take court action to recover the money). If the tenant does not move out, you will need to speak to a solicitor. The solicitor can help you to take the case to court. You cannot evict a tenant without going through the proper legal process.

Why are my rent payments not paid?

Contact your tenants to find out why they have not paid the rent. Payments can be missed because of. an absence or sickness. banking problems. benefit or salary payment delays. tenant's unhappiness with conditions in the property. Send a letter or email to your tenants after you have spoken to them.

What to do if tenant has money problems?

If the tenant is having money problems, they could. speak to an advice agency who can tell them about benefits and help them deal with other debts. check if they can apply for benefits. check if they can increase their income. Student tenants may be able to get financial help from their college or university.

What is the phone number for housing?

calling the Housing Executive ( 03448 920 902) if your tenant receives housing benefit.

What is it called when you owe rent arrears?

Managing debt to pay off rent arrears. If you have missed a rent payment, the money you owe to your landlord is called 'rent arrears'. This is a type of debt. Your landlord might be the council, a housing association or a private landlord.

What happens if you are 2 months behind on your rent?

If you are 2 months or more behind with rent, your landlord can ask for the housing element of your Universal Credit to be paid directly to them. This means that you would receive a smaller payment each month.

What happens if you miss a rent payment?

If you have a social landlord, such as a local authority or housing association, they will write to you when you miss a payment. They must try to agree a reasonable plan to help you pay off your rent arrears before taking steps to evict you.

What happens if you are a joint tenant?

If you have signed up to a tenancy agreement with a partner or with friends, you are a joint tenant. Joint tenants are all responsible for paying the rent. If a tenant cannot pay their share of the rent, your landlord can ask the other tenants to make up the shortfall.

What is ESA in rent?

Income-related Employment and Support Allowance (ESA) A small amount can be taken off each of your benefits and paid directly to your landlord, if they agree. You need to be sure that you can afford to reduce your other benefits to pay off your rent arrears.

How long does it take to get a housing benefit from Universal Credit?

Universal Credit has replaced 6 main means-tested benefits (based on income and savings) for most people. This includes Housing Benefit (HB). When you move to Universal Credit, you may have to wait up to 5 weeks for your first payment. Your Housing Benefit will continue for 2 weeks after you claim Universal Credit.

Can you pay rent with housing benefit?

If you pay your rent with Housing Benefit. Housing Benefit can be paid to you or directly to your landlord. If you have made a new claim for Housing Benefit, and there has been a delay in processing your claim, you could be in rent arrears. These delays are very common.

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What to do if you are in rent arrears?

You're at higher risk of eviction if you miss payments. Try to: pay your rent in full and on time. agree a repayment plan with your landlord. A debt adviser can help you to budget, organise your debts and negotiate with your landlord and other creditors.

How long do you have to pay housing element to landlord?

You can ask the DWP to pay your housing element direct to your landlord if you owe at least 2 months rent and in some other situations. If you're already getting housing benefit or tax credits, it may be better to continue on these benefits instead of claiming universal credit.

What is a DHP?

A DHP is an extra payment from your local council to help you pay your full rent if you get universal credit or housing benefit. Apply for a DHP if your housing element or housing benefit does not cover your full rent.

What is breathing space?

Breathing Space is a scheme that can help tenants with rent arrears. It pauses the eviction process for up to 60 days while you get debt advice.

What to do if other adults live with you?

If other adults live with you, explain your money problems. Ask if they can contribute more towards household costs.

Is eviction a legal process?

Eviction is a legal process and takes time. You can ask for help from the council if your home is unaffordable. Use our templates to deal with landlord pressure over missed rent payments. Last updated: 2 June 2021.

Waiting For Housing Benefit to Be Processed

Waiting For Universal Credit Housing Costs to Be Processed

Eviction and Benefits

• If your landlord takes legal action because of your rent arrears, the sheriff or tribunal will have to take into account if there is a delay in your Housing Benefit or Universal Credit claim, - so long as this wasn't your fault - when deciding whether or not to evict you. This only applies if you are a: 1. Scottish secure tenant 2. short Scottish s...

See more on scotland.shelter.org.uk

Overpayments