Rent allowance - balance not paid

handlemaster

If a tenant is not paying their portion after rent allowance have paid their portion what can be done. All above board full rent know total rental due etc... If welfare are notified will they stop paying their portion ??

Therefore eg. Rent 1000.. Welfare pay 900 tenant not paying the rest

Michael D Not Higgins

You can issue notice of rent arrears, followed by a termination notice. For all the good it'll do you, since the tenants get onto Threshold and they tell them to illegally overhold.

handlemaster

Michael D Not Higgins wrote: »

You can issue notice of rent arrears, followed by a termination notice. For all the good it'll do you, since the tenants get onto Threshold and they tell them to illegally overhold.

Whats to il legally over hold ?

Michael D Not Higgins

handlemaster wrote: »

Whats to il legally over hold ?

Staying in the property after the notice period for a termination expires, sometimes while not paying rent. Threshold have been advising people to do this, especially those on low incomes or rent allowance who may be at risk of becoming homeless should they lose their current accommodation.

handlemaster

Michael D Not Higgins wrote: »

Staying in the property after the notice period for a termination expires. Threshold have been advising people to do this, especially those on low incomes or rent allowance who may be at risk of becoming homeless should they lose their current accommodation.

What happens then ?

Michael D Not Higgins

handlemaster wrote: »

What happens then ?

You have to go through the PRTB and get a judgement against them, who then have to proceed to the court to enforce it, after which time you could be without rent for over a year and have damage to the property.

You can attempt to recover these costs through the court but someone on rent supplement is usually without any means to cover these costs.

Mrs OBumble

handlemaster wrote: »

What happens then ?

Typically the tenants get the pip with you, stop paying you any rent at all (am assuming they are physically giving you the Welfare portion now).

It takes years to sort out, and get a court order to evict them. Enforcing it takes time, too.

During which you get no rent.

handlemaster

Mrs OBumble wrote: »

Typically the tenants get the pip with you, stop paying you any rent at all (am assuming they are physically giving you the Welfare portion now).

It takes years to sort out, and get a court order to evict them. Enforcing it takes time, too.
Le
During which you get no rent.[/quote

if I get it direct can welfare stop paying because they are not paying their portion

foggy_lad

handlemaster wrote: »

if I get it direct can welfare stop paying because they are not paying their portion

If the Landlord is getting the rent supplement paid direct to them it is because the tenant has given permission for this and the tenant can remove that permission at any time.

In your case OP if you tell rthe social welfare that the tenant is not paying their portion of the rent they will stop paying the rent supplement.

handlemaster

foggy_lad wrote: »

If the Landlord is getting the rent supplement paid direct to them it is because the tenant has given permission for this and the tenant can remove that permission at any time.

In your case OP if you tell rthe social welfare that the tenant is not paying their portion of the rent they will stop paying the rent supplement.[/quote


so best to proceed with none payment letters etc and say nothing to welfare

Th3B1tcH

This is where the system needs to change its totally unfair the LL gets no rent if tenant don't pay their portion.
RA should be paid straight to LL until tenant is evicted legally.
Its part of the reason decent tenants cant find LL that will accept RA they give the rest a bad name. :mad:

c montgomery

And people wonder why it's hard to get a LL who will accept RA

pillphil

Th3B1tcH wrote: »

This is where the system needs to change its totally unfair the LL gets no rent if tenant don't pay their portion.
RA should be paid straight to LL until tenant is evicted legally.
Its part of the reason decent tenants cant find LL that will accept RA they give the rest a bad name. :mad:

But that's also true if the tenant isn't on rent allowance.

c montgomery wrote:

And people wonder why it's hard to get a LL who will accept RA

I still wonder that, the only difference here is that because of rent allowance, the landlord is only out 100 per month instead of 1000. Any tenant could just stop paying and refuse to leave. RA doesn't change that.

January

If a tenant is on rent allowance their portion of rent to the landlord should be garnished from their social welfare payment before they even receive it. That way there are no rent arrears.

lukesmom

January wrote: »

If a tenant is on rent allowance their portion of rent to the landlord should be garnished from their social welfare payment before they even receive it. That way there are no rent arrears.

Great idea actually.

A_Sober_Paddy

Just a quick query i suppose, if the LL issues termination notice of arrears and once that notice is up...

Can the LL not just wait for the house to empty, enter and change the locks?

ComfortKid

January wrote:

If a tenant is on rent allowance their portion of rent to the landlord should be garnished from their social welfare payment before they even receive it. That way there are no rent arrears.

That's how it works in a lot of the country now.
The Council pay the landlord the full rent amount, then the council deduct some money from the tennants Social Welfare payment.
Its called HAP instead of RA

Think it'll be done in all of the country by next year.

athtrasna

A_Sober_Paddy wrote: »

Just a quick query i suppose, if the LL issues termination notice of arrears and once that notice is up...

Can the LL not just wait for the house to empty, enter and change the locks?

No that would be an illegal eviction believe it or not. The prtb has given five figure settlements to people evicted in this way.

Stheno

ComfortKid wrote: »

That's how it works in a lot of the country now.
The Council pay the landlord the full rent amount, then the council deduct some money from the tennants Social Welfare payment.
Its called HAP instead of RA

Think it'll be done in all of the country by next year.

That's a good system

ComfortKid

Stheno wrote:

That's a good system

It's great for both Landlord and Tennant.

There is no back pay though, so landlords have to be wise to people not paying while waiting on it.

handlemaster

ComfortKid wrote: »

It's great for both Landlord and Tennant.

There is no back pay though, so landlords have to be wise to people not paying while waiting on it.

What if tenant is on rent allowance and top up. Do they apply to the council for this ? Do council pay the whole amount then ?

Do you have a link as to how this works

ComfortKid

handlemaster wrote:

What if tenant is on rent allowance and top up. Do they apply to the council for this ? Do council pay the whole amount then ?

handlemaster wrote:

Do you have a link as to how this works

Sorry, I'm not to sure as to exactly how it works. I am on it myself so all I know is that it's paid by the Co Council, and they deduct from my payment. You are allowed to work, and earn up to 30k per year and keep it which seems very generous.

Citizens advice have a page on it, or just Google HAP (housing assistance payment)

foggy_lad

ComfortKid wrote: »

That's how it works in a lot of the country now.
The Council pay the landlord the full rent amount, then the council deduct some money from the tennants Social Welfare payment.
Its called HAP instead of RA

Think it'll be done in all of the country by next year.

If you mean the deduction that is made at the post office that is just a way for the council to collect rent ant other payments BUT it is fully dependant on the person in receipt of social welfare agreeing to their rent payments being made at the post office.

Also these payments are not taken or deducted by social welfare and in the post office the welfare payment is created in full before any deduction is made.

A_Sober_Paddy wrote: »

Just a quick query i suppose, if the LL issues termination notice of arrears and once that notice is up...

Can the LL not just wait for the house to empty, enter and change the locks?

No, That would be an illegal eviction and Landlord could be left paying for all the tenants accommodation costs plus costs for any property that was damaged plus compensation for the illegal eviction and rightly so.

ComfortKid

foggy_lad wrote:

Also these payments are not taken or deducted by social welfare and in the post office the welfare payment is created in full before any deduction is made.

Sorry, what I meant was, it's deducted from my payment before I collect it, so I have no choice to pay the rent or not. And I wasn't given a choice if I wanted it to be deducted, it was that or nothing.

It's about time a system like this came in. Maybe landlords will trust more people that are unemployed as it's safer than a Tennant thats working.

A_Sober_Paddy

foggy_lad wrote: »

No, That would be an illegal eviction and Landlord could be left paying for all the tenants accommodation costs plus costs for any property that was damaged plus compensation for the illegal eviction and rightly so.

That's a complete joke

athtrasna

A_Sober_Paddy wrote: »

That's a complete joke

That's the law

pillphil

A_Sober_Paddy wrote: »

That's a complete joke

athtrasna wrote: »

That's the law

It's also got nothing to do with rent allowance. It's the law for all tenants.