A Guide for Landlords

Housing and council tax benefit helps people on low income pay their rent or council tax.

Who Can Claim

Anyone who pays rent for the home they occupy can claim, but not everyone who pays rent will qualify for benefit. For example, most students do not qualify but there are special rules that apply for some.

We can only pay benefit on a home that is let as a business arrangement, the same as it would be in a commercial market.

Tenants may not qualify if they live with and pay rent to a close relative.

We cannot pay benefit if a tenant used to live with the landlord as a family member, relative or friend and now pay them rent or when the tenant is responsible for their landlord's child whether or not the tenant has ever lived with the landlord. We also cannot pay a tenant who rents a former joint home from an ex-partner

How to Claim

To find out how your tenant can claim, click on the How to Claim link on the left under Main Menu.

To download an application form, click on the link at the bottom of this page found under Downloadable Documents.

Information We Need

We will tell your tenant what they need to provide when they claim, however we do need proof of rent, this is usually a tenancy agreement. We will also need proof of the claimant and partners identification, National Insurance numbers, household income and capital. If anyone else lives in the household we will need to see their income details too.

How We Decide How Much to Pay

The amount of benefit paid depends on the income and capital of the claimant and partner, the circumstances of the household (such as children, disabilities and age), whether any one else lives in the household and whether there are any rent officer restrictions to the rent.

We must base housing benefit on a rent level set by the Rent Officer Service (a government agency independent of local authorities), not on the rent you charge your tenant. Housing benefit does not cover some service charges like heating, water or meals, so we cannot include those in the rent.

We must usually limit benefit for single people under 25, without children, to a ‘single-room rent’ set by the Rent Service.

Rent Officer Determinations

All rents that private landlords charge are referred to the Rent Service for consideration. A Rent Officer makes a decision about the maximum rent for the property. We are legally obliged to use the Rent Officer's decision as the maximum rent we could pay benefit on. Decisions stay in force for 12 months unless there is a change in the property or the number of people in the household.

You cannot appeal about the figures the Rent Service sets for us to work out your tenant’s benefit. Your tenant can ask us to ask the Rent Service to look at their decision again.

For more information about the Rent Service, click on The Rent Service link on the right under Useful Websites.

Pre-Tenancy Determination (PTD)

Future tenants can apply for a PTD. It will help them know if they will have to pay some of the rent themselves to top up their housing benefit.

Before signing up to the tenancy, your future tenant should ask the Rent Service to decide what rent we must use to work out their housing benefit. You cannot apply yourself, but you will have to sign your future tenant’s request for a PTD. You will, however, get a copy of the Rent Officer’s decision. This free service usually takes about five days.

PTDs do not guarantee that your tenant will get benefit. Your tenant will  still need to apply so we can work out how much they will get.

To download a PTD application form, click on the link at the bottom of the page under Downloadable Documents.

Local Housing Allowance

From 7 April 2008, the way housing benefit is calculated for some claimants will change. The new benefit will be called Local Housing Allowance (LHA)

For more details, click on the Local Housing Allowance link on the left under Main Menu.

Who Must Pay Council Tax

A person over the age of 18 responsible for the home they live in is usually responsible for paying the council tax.

HMO Tenants who live in a property with their own room and tenancy agreement but share facilities are not responsible for the council tax, it is the responsibility of the owner. Even if the owner does not live in the property they have to pay the council tax.

Students If all the tenants in a property are students, the property is usually exempt from council tax. There are certain rules that apply in this case and all the students must provide a student certificate from their college for the exemption to apply.

Joint tenants If a property is rented out to more than one person but there is only one rent charge for all of them and they are all named on the same tenancy agreement, then all the tenants are responsible for paying the council tax.

For more information about council tax, click on the link on the right under Related Information.

How and When We Make Payments

Council tax benefit is paid directly on to the council tax account.

Housing benefit is usually paid four weekly in arrears direct into a bank account. We usually pay the tenant unless they have asked us to pay the Landlord.

If we pay the landlord and there are several tenants on benefit, we will combine all the benefit in one payment. We include a list of payment details every time we make a payment. We pay directly into a bank account by BACS transfer.

Download a BACS payment transfer authorisation form by clicking on the link found at the bottom of this page under Downloadable Documents.

Tenant Rent Arrears

A tenant is responsible for paying the rent and any arrears that accrue from non-payment of rent..

If a tenant is in arrears by eight weeks or more and receives Housing benefit payments themselves, the landlord can ask us in writing to pay them direct. We will then either pay the landlord direct or suspend payment.

Information We Can Give a Landlord About a Claim

If we pay your tenant we can't tell you anything. All details about your tenant’s claim are confidential. We cannot give them to anyone without the tenant’s written permission. We cannot even confirm that a claim has been made.

If we pay your agent, we cannot give you any information and you must ask your tenant for any other information you need. We will give your agent the same information that we would give to you if we paid you direct – see the section called ‘If we pay you direct’.

If we pay you direct, we can tell you:

• the date benefit started and ended;
• the weekly amount of benefit, how often it was paid and details of any payments made;
• the amount we are taking directly from benefit to recover an overpayment

Changes in Circumstances

If a tenants circumstances change or they move address, you or your tenant, must tell us straightaway. If a tenant moves out the benefit will end even if you are still charging them rent. The tenant is responsible for any rent due after benefit ends. If you or your tenant are not sure what to report, tell us anyway we will let you or your tenant know if it affects benefit

If a tenant changes rooms in a house in multiple occupation, or board and lodgings accommodation, you or your tenant must tell us in writing straightaway.

Overpaid Benefit

If we find we have paid too much benefit, we can ask you or the tenant to pay it back.

If we send you a bill you disagree with, get in touch with us straightaway. As a landlord, you have the right to appeal against our decision to recover an overpayment from you. If you do not repay overpayments when we ask you to, we can take the money out of benefit we are due to pay you for other tenants.

For more details, click on the Overpaid Benefit link on the left under Main Menu.

How to Disagree with Our Decision

Landlords have no right to appeal against a tenant’s claim and the details are confidential. We cannot give you any details.

Landlords can only appeal against our decision if:

• we refuse to pay benefit direct; or
• we decide they should repay an overpayment.
• Landlords cannot appeal about the amount of a tenant’s benefit, or which weeks it’s been awarded for.

For more details, click on the Disagreeing with Our Decision link on the left under Main Menu.

Where to Find Out More Information

For more details for Landlords, click on the Contact link on the right under Related Information.

For answers to Frequently Asked Questions click on the link on the right under Do it Online.

For more details about the Rent Service, click on the link on the right under Useful Websites.

Where to Get Help

You can always contact us for help and advice, click on the How to Contact Us link on the left under Main Menu for more details.

For a helpful contact list, click on the link at the bottom of this page under Downloadable Documents.

How to Comment on Our Service

You should contact us. We would like to know what you think about this website, or about the service we provide to you. Click on the link on the left under Main Menu for our contact details or email us benefits.service@islington.gov.uk