0:02 AM, 21st March 2025, About 8 months ago 17
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Well if there was evidence required as to why you are unable to let a property to a benefit tenant POST RRB – this is it.
Please read Department of Work and Pensions (DWP) latest own guidance here
The discrimination between how private and social landlords are treated is stark. Even when ‘explicit consent’ is gained from the tenant, it can be withdrawn immediately and for no reason.
Surely, where a LL is unable to determine in advance that they can rely on the applicant’s ability to fully adhere to the contractual obligations (unless agreed risk mitigation factors are in place, such as a guarantor), then a LL cannot legally be obligated to offer a tenancy?
Thanks,
Reluctant Landlord
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TheMaluka
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10:55 AM, 21st March 2025, About 8 months ago
It is amazing how governments, of all colours, are providing a plethora of reasons not to let to benefit tenants.
DPT
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12:20 PM, 21st March 2025, About 8 months ago
The guidance appears to say that consent from the tenant for direct payments to the landlord is not required and they can only overturn this if there is a valid reason, such as no rent arrears. The area where they can withdraw consent seems to be where they appoint someone, (eg the landlord) as their representative. Or have I missed something?
I’m aware that a determined tenant can conjure all sorts of lies to have direct payments withdrawn, but thats always been the case.
Reluctant Landlord
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15:18 PM, 21st March 2025, About 8 months ago
Reply to the comment left by DPT at 21/03/2025 – 12:20
yes but this means T can Day 2 into the contract ask for direct payment of the UC rent contribution to themselves as, they do not have rent arrears.
This has always been the case, but will become more relevant post RRB as you will be banned from accepting any money up front to mitigate this risk at the start and of course the rent is paid in arrears so you will need to show lack of rent for 5 months before you can start possession….
Shaheen Hamadani
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Member Since February 2025 - Comments: 52
15:21 PM, 22nd March 2025, About 8 months ago
yeah right explicit….in most or many cases the rent required by the landlord will be out of reach for social benefits tenants….and the property will be rented to a private tenant…in work with stable references…these rules will make it impossible for social tenants to rent…
Shaheen Hamadani
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15:23 PM, 22nd March 2025, About 8 months ago
Reply to the comment left by Reluctant Landlord at 21/03/2025 – 15:18
actually at the time of signing the contract you would be able to accept the 1 month rent…in cash…but probably not before signing the contract
Shaheen Hamadani
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15:26 PM, 22nd March 2025, About 8 months ago
Reply to the comment left by DPT at 21/03/2025 – 12:20
just means benefits tenants will be avoided and there are ways such as high rents poor references and insufficient housing benefits
TheMaluka
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15:30 PM, 22nd March 2025, About 8 months ago
Reply to the comment left by Shaheen Hamadani at 22/03/2025 – 15:26
Or in my case a ten page application form which no benefit tenant has ever managed to complete.
DPT
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11:06 AM, 23rd March 2025, About 8 months ago
Reply to the comment left by Shaheen Hamadani at 22/03/2025 – 15:26
Yes, thats my assumption too. Once the RRB is enacted we are all going to need to keep detailed records of our decisions on each applicant as I’m sure there will be lots of tenants claiming benefits discrimination that the Council will then have a legal duty to investigate. I assume that a common form of words that passes the test will soon be circulated on the forums.
Shaheen Hamadani
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Member Since February 2025 - Comments: 52
12:24 PM, 23rd March 2025, About 8 months ago
Reply to the comment left by TheMaluka at 22/03/2025 – 15:30
definitely…landlords will have a 10 page application form…basically benefits candidates should go to council housing and social housing where they can happily wait 3 months for a boiler repair and live with the standard of care the council provides including old carpets when they take over a property…the government rules will make it difficult for them to rent from private landlords..
Shaheen Hamadani
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12:27 PM, 23rd March 2025, About 8 months ago
Reply to the comment left by DPT at 23/03/2025 – 11:06
the council’s are under staffed and quite a few if not most properties are not in the price range of housing benefits…many of these tenants have arrears debts bad credit