5 months rent arrears – can we pay claimant?

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  • #31679
    Anonymous
    Guest

    Brief history: HB was paid up to July 2009 then stopped due to failure to provide information following cessation of Income Support. Claimant continued to pay the rent until Sep 2009 by borrowing money. Rent liability continued until Feb 2010 so there are 5 month’s rent owed.

    Appeal was heard recently and an additional 18 weeks HB was awarded for 27/07/09-29/11/09.

    I seem to have two options:

    Pay all the HB to the landlord as there are more than 8 weeks’ arrears.

    Split the payment between claimant and landlord – claimant gets paid up to 30/09/09 as she has paid the rent to that date and landlord gets HB for 01/10/09-29/11/09.

    Actually I possibly have a third option: make the decision to pay landlord, but suspend payment for one month to allow claimant time to appeal.

    I don’t think it is likely that the claimant will be paying any more rent to the landlord out of her own pocket.

    Any suggestions?

    #88599
    peterdelamothe
    Keymaster

    I think you have to pay the full amount to the landlord. I see no provision to split it in these circs and you are not suggesting the fit and proper test would apply.

    No reason not to suspend the payment if you think the claimant will appeal. If the latter disputes the last six weeks (say) then the rest can be paid over to the landlord.

    #88600
    Anonymous
    Guest

    I was thinking the “best interests” provision might apply; but how can I say what’s in the claimant’s best interests? On one hand I’m sure she would rather keep the money but maybe its in her best interests that the landlord is paid so that he does not start legal proceedings against her…

    Thanks for your input.

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