Vulnerable tenant requests payment direct

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  • #38840
    craigworc
    Participant

    Hello,

    we have a claimant who got his current tenancy with the help of the local CAB/housing advice center. They helped him out with a bond to secure the tenancy and as such we have been paying the ladnlord direct for the last month or so.

    He has now asked us to pay him direct but after speaking to the landlord and CAB it appears that it wouldn’t be in his interests to pay him direct as he would not pass the money on and eventually lose his home.

    Can we refuse his request as it’s against his best interests or do we have to pay him direct?

    Thanks

    Craig

    #109888
    craigworc
    Participant

    Can Reg 96(1)(b) be used to overule his request?

    #109891
    engstrom
    Participant

    Yep go with 96 (1) (b)

    ” payment to the landlord is in the interest of the claimant and his family”

    The intervention of CAB / Housing Advice team would suggest that there was a reason for paying the Landlord direct in the first place. I suspect it was to secure the tenancy?

    By continuing to pay it direct to the Landlord it could be classed as being in the tenants best interest as it may safeguard / secure his tenancy?

    #109892
    craigworc
    Participant

    cheers.

    #109894
    Kevin D
    Participant

    Note that HBR 96(1)(b) is expressly subject to para (3A). If a maximum rent has been determined under HBR 13D, HBR 96(1)(b) is disapplied.

    #109927
    Andreas
    Participant

    Just echoing what Kevin says… if LHA rules apply and you have evidence/information that the claimant either has difficulty managing their affairs or is unlikely to pay their rent you can pay the landlord under 96(3A)(b) (as opposed to interests [edited to remove ‘best’]).

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