Service FAQ questions |

main content Housing Benefit - Landlord's guide (continued)

What happens after my tenant makes a claim for Housing Benefit?

If a pre-tenancy determination has not been made we will contact the Rent Officer to find the figure to be used (as the eligible rent) in the housing benefit calculation. Meanwhile we will use an indicative rent level.

The eligible rent used for the calculation may not be the rent you are charging and it is up to the tenant to make up any difference.

Once the claim has been assessed notification of the award will be sent to the tenant and you if you are receiving the payments.

If the tenant has a change in circumstances the award will be recalculated and new notification letters issued. Any underpayments will be issued and any overpayments recovered in accordance with the housing benefit regulations.

If overpayments are to be recovered from you, you will be notified that:

• a recoverable overpayment has occurred;
• the period of overpayment;
• the total amount of the overpayment;
• how the overpayment was calculated;
• the reason for the overpayment; and
  your appeal rights.

Tenants may have overpayments recovered from their on-going entitlement to Housing Benefit and although the amount received by you may be reduced this is considered to be overpayment recovery from the tenant and you are unable to appeal. It is up to the tenant to make up any difference between the amount you receive through Housing Benefit and his/her rent.

What are my Appeal rights?

You have no right of appeal against the amount of Housing Benefit your tenant is awarded.

You can appeal against an overpayment that we notify will be recovered from you.

The appeal must be in writing, give the reasons for the appeal and be made within one calendar month of the notification letter.

For further information see our guidance notes how to appeal against a benefit decision.

What are the Data Protection issues?

If the tenant has not indicated that payments are to be made direct to you we will not discuss the claim or the fact that your tenant may have made a claim without written consent.

Even when payments are made to the landlord the information given is restricted to the amount of award and payment dates, unless overpayment recovery action is taken, when you are entitled to know the cause of the overpayment.

What changes do you need to know?

If a tenant moves he/she will need to inform us, even if the move is into a new room or flat in the same building and the rent stays the same.

If a tenants circumstances change they should tell us immediately. We may then change their awards.

Although tenants no longer have to complete an annual review form they will still be reviewed at intervals and if the information is requested but not returned then their benefit can be suspended or stopped.

Claims will be referred to the Rent Officer every 52 weeks, which may cause variations in the award.

How to contact us

If you need further advice, you can contact the Council Tax and Housing Benefits department.