Payment of Excess to Landlord

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    The guidance manual appears to be very clear that you can only pay the excess to a landlord to clear rent arrears where the core payment is being made to the landlord – Is this correct?

    I know that some local authorities have talked about paying the excess to the landlord to pay rent arrears off even where the core payment is sent to the claimant. Our system can do this (if you wanted to) but I am not sure whether we should.


    The statutory reference for paying the excess to the Landlord when there is already a direct payment is Reg 95 2A (a) As can be seen it is an addition to Reg 95 (when payment is to be paid to landlord) and also affects Reg 96 (when payment may be paid to landlord)

    The surplus LHA is still a payment of HB, so I cannot see how you can make a decision to pay this part of the entitlement to the landlord independently of the decision to pay the “core” entitlement, as Regs 95/96 would still have to be satisfied.


    Can I pick this thread up again? Can someone explain in words of 1 syllable, what Reg 95(2A) is saying?

    Darren Broughton

    Where there’s rent arrears and you are paying landlord direct, you can include any excess, as long as you don’t pay more than the claimant owes.

    I think…


    Ok – I’ll try by means of an example

    Claimant has difficulty managing his affairs so we decide to pay landlord. Rent is £100 a week, the LHA is £120.
    We would pay the l/l £100 and the claimant the £15 excess.

    Only if there are rent arrears can the £15 go to the landlord.


    Thanks – think that’s how I read it too.

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