MPTL – Do limitations ensure Landlords are always out of pocket?

by Readers Question

9:05 AM, 20th July 2020
About 2 months ago

MPTL – Do limitations ensure Landlords are always out of pocket?

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MPTL – Do limitations ensure Landlords are always out of pocket?

I have a Managed Payment To Landlord (MPTL) for rent arrears set up. That was established on top-ups not paid at the date of application, so the deductions are set up accordingly.

The tenant still continues not to pay the top-ups. Universal Credit have advised of another MPTL request for the arrears since the last application.

All well and good…until they say that this additional request will exceed the cap that is in place. They say ‘we have a legal responsibility to ensure the claimant is not left without funds’.

So where does that leave me? At present the MPTL payments will take 11 months to pay back the full arrears total, yet each month the £190 top-ups are not being paid either.

She is under a S21 (on hold due to courts being despite being issued in Nov and first hearing before lockdown).

Now what?? Can I get the DWP to do something more?

Reluctant Landlord

Editors Notes from >>  .Gov 

2. Managed Payment To Landlord

We expect most Universal Credit claimants will receive the single monthly payment and take responsibility for paying their own household bills on time, including their rent.

However, we recognise that some claimants will need extra support in managing this payment. Therefore, in some cases a MPTL might be appropriate.

2.1 When can a MPTL be requested?

MPTL can be made when:

  • a claimant is in arrears with their rent for an amount equal to, or more than, 2 months of their rent
  • a claimant has continually underpaid their rent over more than 2 months, and they have accrued arrears of an amount equal to or more than one month’s rent
  • any of the other Tier 1 and Tier 2 APA factors apply
  • a claimant was previously in receipt of Housing Benefit and it was paid to their landlord, a MPTL can be considered providing the claimant continues to meet the Tier 1 or Tier 2 APA factors

This is part of the conversation Universal Credit staff will have with the claimant at the start of the claim.

Social landlords who are appointed under the Trusted Partner scheme, will also have conversations with their tenants at the start of their Universal Credit claim.

Arrears of rent and service charges for the property the tenant is currently living in are included in the list of deductions that can be made from a Universal Credit payment.

If a tenant has accrued rent arrears to the value of 2 months’ rent or more, their current landlord can request a rent arrears deduction.

2.2 Who can request a Managed Payment To Landlord?

Either the claimant, or their landlord can make this request.

If the claimant is making the request, this can either be:

  • via their journal on their online Universal Credit account (they will use their account to report changes, send messages to their work coach and find support)
  • during their meeting/conversations with their work coach/case manager
  • by phoning Universal Credit on 0800 328 5644

Find out about call charges

If the landlord is making the request, this can be done by using the Apply for a Direct Rent Payment service which is a new online service for landlords to request direct payments of rent or rent arrears. It replaces the existing UC47 process.

2.3 What happens next?

Following a request for a MPTL a decision will be made whether or not a managed payment is appropriate and both the landlord and claimant will be informed of the decision.

Where the MPTL is refused, the notification issued to the landlord will not advise if their tenant is currently getting Universal Credit, nor will it advise them of the reason why the request has been refused.

This is due to data sharing regulations and claimant confidentiality.

More information about the Managed Payment To Landlords.



Comments

Robert Mellors

10:15 AM, 20th July 2020
About 2 months ago

That level of "top up" is not really sustainable for the tenant, let alone in addition to paying off arrears, so yes in effect you are likely to be always out of pocket.

WP

13:50 PM, 20th July 2020
About 2 months ago

Reply to the comment left by Robert Mellors at 20/07/2020 - 10:15
...which is exactly what I am arguing with the solicitor defending the eviction notice..trouble is if the tenant does not want to look for anywhere else to live that is affordable...then not a lot I can do.


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