Terms & Conditions

[Jane Spencer]

I have a landlord who we have been paying benefit to at a c/o address, council tax have had problems trying to establish his main place of residence. I have written to him telling him I am suspending paying of benefit for his two tenants until he provides me with his residential address, and if he doesn’t I will pay benefit direct to his tenants. Think in the back ground there a Tax dodge going on. Am I on dodgy ground.
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[Anonymous]

If he has provided his tenants with an address at which they can serve papers (and I don’t think there is any reason why that cannot be a c/o address), then I suspect you are on thin ice.

[peterdelamothe]

Firstly, it depends why you were paying direct in the first place. Were the tenants in arrears for instance?

If not, it makes it a bit easier although if you are satisfied that you are paying to the correct landlord and that he / she is legitimately entitled to colect rent from the tenants then the fact that there is a tax dodge is irrelevant.

On the other hand, the LA has a clear remit to protect the public purse and asking the landlord for a current address (business or residential) is not unreasonable.

Best thing of all is that I cannot see that you can be challenged on your decision. The tenants are hardly likely to object and in any case they are entitled to know the landlords contact details under housing law. Most TAS Chairs would not be impressed with a landlord arguing that his address is “private”.

[Kevin D]

This CD may be of interest….

[b:81bc149d29]CH/0257/2005[/b:81bc149d29]

http://www.osscsc.gov.uk/judgmentfiles/j2010/CH%200257%202005-00.doc

[Julian Hobson]

don’t forget

http://www.opsi.gov.uk/si/si1997/19972436.htm

I don’t think the grounds for asking for it are dodgy if you think there is something afoot. Whether the provision of the info you ask for will make a difference to the claim will depend on your suspicion and the reply. If the L/L’s reply has no impact on the HB claim, your HB suspicion (Presumably that he is a resident L/L) will fall and the claim will be unaffected.

I don’t think you can suspend whilst you ask for this. The prospect of committing a criminal offence might be sufficient. You would of course need to be prepared to take it all the way.

[Jane Spencer]

Thanks for your replies.
I have no doubt that both tenants are entitled to benefit. I am merely trying to establish where this Landlord lives. I have suspended benefit because after several requests he refuses to give me his residential address, therefore I consider him not to be a “fit and proper” landlord.

[Anonymous]

Personally, I stand by my ‘thin ice’ feeling…if the landlord has provided the tenants with an address at which papers can be served, and also tells the authority that this is his business address, I do not see that you can insist on a home address. If he wants to conduct his business through a c/o address, what business is it of ours to insist on his home address? If my suspicions about such a case were so strong that I was considering suspension of what I know to be properly payable benefit, I would hand things over to a fraud investigator.

Basing a ‘not fit and proper’ on a refusal to provide a home address seems to me to be even thinner ice. From the DWP Manual:

“6.162 For HB the expression fit and proper person

* means the suitability of the landlord to receive direct payments of HB

* enables you to refuse to make direct payments in cases where you are not satisfied the landlord is fit and proper because they are, or have been engaged in fraudulent HB activity, or have otherwise acted to obtain HB they were or were not entitled to

6.163 The activity mentioned above [/b]must[b] be related to HB. Undesirable activity in a non HB matter, such as not paying parking fines or Council Tax, or not complying with Housing Act directives, is irrelevant. You are likely to face a legal challenge if you attempt to take account of non HB matters.”

If you are serious about ‘not fit and proper’ you should then pay the claimants direct, rather than withholding payment altogether.

[Jane Spencer]

The c/o address is a private residence, actually his father who is claiming benefit and spd, not a business premises.

[Anonymous]

Why can’t that be a business address? I am managing director of a limited company, the company address is my home address…

…and also my brother’s business address

[Julian Hobson]

I would have thought the prospect of a criminal conviction with a fine of £1000 +£40.00 for each failure might prompt him to give it to you. When he then has that offence against him he won’t be F&P. I still don’t think you can suspend whilst doing this activity.

[Jane Spencer]

I too have a business registered at my home address, but never refer to it as a c/o address, beside which my landlord is not a registered business, he is a “natural person”.

[Anonymous]

I don’t think that makes any difference, the point I was making is that a domestic property can be a business address, and “c/o” is common usage when not using one’s own address

[Author]

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