CLS saves landlord from 10 months arrears and tenant from eviction

CLS saves landlord from 10 months arrears and tenant from eviction

12:50 PM, 31st May 2019, About 3 years ago 3

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Caridon Landlord Solutions (CLS) was contacted by a landlord whose tenant was in more than 10 months of rent arrears.  The landlord had served the tenant with a Section 8 notice as a precaution but did not necessarily want to evict her if the Housing Benefit claim was reinstated.

The landlord provided CLS with the tenant’s contact details for one of our experienced advisors to contact her and establish the tenant’s version of events.

The tenant informed our advisor that she went to Liverpool Housing Benefit Customer Service Centre in June 2018 seeking advice on moving, this contact caused the tenant’s Housing Benefit Claim to be cancelled.

The tenant’s case was quite complex as she was a victim of domestic violence and was still being stalked by her ex-partner.  At the time of the first benefit cancellation letter being written to her, her house was broken into and some of her post was stolen.

Liverpool Housing Benefit department had written to the claimant advising her that her claim was cancelled as she had moved out.

When our CLS advisor contacted Liverpool Housing Benefit department, they advised that since the claimants’ circumstances had a changed, her claim was cancelled.  They said she would need to make a claim for Universal Credit.  CLS advised Liverpool Housing Benefit department that they had wrongfully closed the tenant’s claim after she attended their offices for advice.  They suggested that the tenant should complete an  “Appeal Against Housing Benefit Decision” form.

We assisted the tenant with writing the appeal providing all relevant information and supporting documents, including the Section 8 eviction notice, in order for the decision to be overturned.

The tenant submitted the paperwork to Liverpool Housing Benefit and our adviser continued to chase Liverpool Housing Benefit for an update.

Three weeks later we received confirmation from Liverpool Housing Benefit that the claim had been reinstated and that a backdated payment would be going out to the tenant.

Had the claim not had been reinstated the tenant would have had to make a claim for Universal Credit in order to claim Housing Cost and the landlord would have lost 10 months of rent.  In addition, the tenant would have lost her home as the landlord would have continued with the eviction proceedings when the Section 8 expired.

We took on the case, on a “No win, No fee” basis, drafted a letter of appeal for the landlord, citing the facts, HB regulations, DWP guidance and caselaw. Having considered our detailed submission, the council agreed to revise their earlier decision in our client’s favour, effectively exonerating our client from any culpability.

If you’re currently experiencing an issue of this type or any other problems associated with LHA or Universal Credit please get in touch, as Caridon Landlord Solutions has been set up specifically to offer landlords/agents help in this regard.

Contact Sherrelle for offline Universal Credit advice

Sherrelle is an independent consultant and is recommended by Property118 for landlords who require professional advice and assistance in regards to dealing with Universal credit related matters


Comments

by Mick Roberts

10:43 AM, 1st June 2019, About 3 years ago

Wow, shocking that UC will not honour backdated HB.

So we have to be careful if any outstanding HB, to try get solved before tenant goes onto UC.

by CARIDON LANDLORD SOLUTIONS

15:47 PM, 3rd June 2019, About 3 years ago

Hi Mick,
If the tenant is on Housing Benefit and has a change in their circumstance resulting in the claim being cancelled they will have to make a claim for Universal Credit.

by Mick Roberts

16:26 PM, 3rd June 2019, About 3 years ago

Reply to the comment left by CARIDON LANDLORD SOLUTIONS at 03/06/2019 - 15:47
Ooh I know that, got to be careful of the HB owed from period before.
Got 14 so far. I'm actively encouraging 'em to switch now, as long as they understand the month plus 1 week wait. With the positives of Housing Element HE the last to be touched when start work or Benefit cap.
One monthly payment, so easier for them to pay top up on same day as HE.
And no explaining differences between 4 weekly & monthly.

Ouch did I just say I want them to switch? Although there is still BIG faults as u know.
But another positive when HB stopped, they say Ok Mick leave it with u I'm not getting u what u need.
When HE stops, it's normally their UC that has stopped too, so they try & do it all theirselves as IT'S THEIR MONEY THAT IS AFFECTED & boy do they act faster than Usain Bolt.


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