Terms & Conditions

[fayemc]

Can anyone advise.

We have been advised by a customer that she is witholding her rent because the landlord is refusing to do some repairs to the property. She has involved environmental health and they have been liasing with the landlord.

Due to the fact that the rent is not being paid we have suspended the housing benefit pending the outcome and advised the customer that we can not get involved with landlord/tenant disputes.

However, customer is appealing against this decision and wants the suspension to be removed and payment to continue to be paid to her.

Does anyone have any advice on what we can do?

Many Thanks [/b]

[Anonymous]

You need to decide if its in the claimant’s best interests to continue to be paid directly. Assuming she has previously paid the rent on time, and is not likely do do a runner with the HB, and the problems with the landlord are likely to be sorted out quickly, I would have no problems continuing to pay the claimant.

[Anonymous]

In our RSL if a tenant goes on strike because of repairs, we ask for confirmation that the rent is being kept aside to be paid once repairs are agreed (normally a bank statement is produced). If you are suspending the payments, then the customer would not be able to do this.

[Chris Cook]

Unless I have misunderstood the post, haven’t you got involved by suspending what looks to be a correct entitlement and payment of benefit to the claimant ❓

I would not have thought the fact that she is in dispute with the L/L was a reason for you to take the suspension action.

If I was the claimant/advising the claimant I would be challenging your decision.

[Darren W]

Just a side issue the claimant cannot appeal you decision to suspend. However I agree with the others I would have no problem with continuing to pay.

[Anonymous]

On what grounds are you suspending? There is no question about entitlement and as far as I can remember without looking it up non – payment of rent by clt is not a reason to suspend (if it was we’d be doing it all the time LOL). You have to make a decison to pay the clt or pay the LL. “Withholding” of benefit disappeared in 2001. It might be in the clt’s best interests to pay the LL direct because clt could be evicted for non-payment of rent (there is a Commissioner’s case on this) but at least that gives a right of appeal.

[jamcon]

You can certainly suspend the claim while you are seeking further information when deciding who to pay – R(H) 1/08, paragraphs 19-29 – but you can’t keep the claim suspended until the tenant and landlord have sorted out their dispute.

[Kevin D]

Depending on how this pans out, [b:25e8afe44b]CH/3244/2007[/b:25e8afe44b] may also be of interest.

[Author]

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