Parents paying rent

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 14 posts - 1 through 14 (of 14 total)
  • Author
    Posts
  • #39059
    rds01
    Participant

    We have a claimant who is renting a proeprty at £1,200pm, his is s/e earning no money and LHA is £650. We have asked for bank statements and can see our HB being paid in but can see no payments of rent. CL states parents are paying the rent in full and subsidising him, we assume therefore that he is using the HB to pay for all household bills etc. CL will not get a written statement from parents confirming they are paying the rent. Should we continue to pay HB or is this a case of we know his income, capital and rent so do nothing? Thanks in advance.

    #110712
    Anonymous
    Guest

    I think that it is reasonable to request proof of rent payments in these circumstances – I wouldn’t necessarily insist on a letter from the parents though. A letter from the landlord should suffice, or copies of any rent receipts issued.

    I suppose there is a possibility that the whole tenancy is a sham, but you would need your fraud team to look into this and maybe request the landlord’s bank statements if they had legitimate concerns.

    #110713
    andyrichards
    Participant

    Just out of interest, you have evidently decided the claim and HB is in payment.

    Why particularly is this now being questioned?

    #110715
    Anonymous
    Guest

    …possibly because the claimant’s bank statements show he is not paying rent? Not always easy to establish at the start of a tenancy. 😉

    #110716
    rds01
    Participant

    The claimant is not nice, always cagey and not always providing informaiton being requested. He says he’s paying the rent then we get statements proving he’s not (he hides all transaction narritives except HB/TC’s). I know if we ask for proof of rent from agents he will go mad. I assume as landlord are letting agents they will not tolerate arrears?

    #110721
    Andy Thurman
    Keymaster

    [quote=rds01] I assume as landlord are letting agents they will not tolerate arrears?[/quote]

    If you have not already done so, you need to establish who the landlord is!

    #110724
    rds01
    Participant

    We know the owners name but the agreement is with a lettings agency.

    #110782
    John Boxall
    Participant

    Just dont forget Reg 8(2)

    2) A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period …………..

    So even if the parents are paying the rent, it does not mean that they are ineligible simply because the liability has already been discharged

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #110963
    rds01
    Participant

    Do you think we still need to get a letter from his parents confirming that they pay the rent? If so, he is refusing to do this so what should we do? He does not want us toocntact the Letting Agents either? Thanks for all your help.

    #110965
    Anonymous
    Guest

    Tell him that in the absence of proof his rent has been paid up-to-date, you will pay the agents directly.

    If you have legitimate concerns that the tenancy is a sham you could also refer it to your fraud dept.

    #110966
    John Boxall
    Participant

    Reg 86 states

    (1) Subject to paragraphs (1A) and (2) and to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person´s entitlement to, or continuing entitlement to, housing benefit ……………

    Basically if you think you reasonably require this information in order to determine his continuing entitlement then ask him for it. If he wont provide it then Reg 11 of the DMA regs allows you to suspend his claim, and if after a further month he doesnt then you can terminate it under Reg 14 of the DMA Regs

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #110969
    Anonymous
    Guest

    One problem is that “reasonably required” suggests the documents must be obtainable by the claimant. This makes it difficult to request that the claimant provide something he must first obtain from someone else. It might be that the parents are refusing to provide the letter, which is not the claimant’s fault (although it sounds like this is all down to the claimant, to be honest). But there is no reason he should not be able to get a statement of his rent payments from his landlord.

    #110980
    peterdelamothe
    Keymaster

    Of course it is not unheard of for an owner to put a property via a letting agent and for the agent to let to a family member or even to the owner. Lots of reasons to do so; usually tax rather than benefit fraud. Just a thought ….may not be relevant here.

    #111000
    Kevin D
    Participant

    [quote=mwigg1]One problem is that “reasonably required” suggests the documents must be obtainable by the claimant.[/quote]

    This is an interesting point and reflects the wording in HBR 86. However, there are two Commissioners’ decisions which may provide authority for seeking evidence from a third party:

    – In CH/1042/2003 (para 17), when remitting a case back for a new hearing, Cmmr Turnbull suggested that a third party was to be directed to provide documentation.

    – In CH/1915/2004 (para 26), Cmmr Turnbull (again) directed that a landlord was to provide evidence of receipt of rental payments.

    Also, in R(DLA) 4/02, Cmmr Jacobs made it clear that a claimant inherently accepts a degree of interference with his private life where a claim has been made for benefit.

Viewing 14 posts - 1 through 14 (of 14 total)
  • You must be logged in to reply to this topic.