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Local Housing Allowance rules do not apply to people who live in the following:
- Properties owned by Registered Social Landlords (e.g. Westcountry Housing Association, Riviera Housing Trust etc)
- Properties where the tenancy began before 15/01/89
- Caravans, houseboats or hostels
- Accommodation where substantial board is provided as part of their rent – this could be where only breakfast is included.
Tenants of other private landlords:
Under the Local Housing Allowance rules, you no longer have the option for us to pay your landlord direct unless you are more than 8 weeks in arrears* with your rent or are considered to be unable to manage your own payments - see our Safeguarding Policy (see Related Documents).
*You do not have to have been resident in the property for eight weeks to accumulate eight weeks rent arrears. This could occur at the beginning of your tenancy where you have missed two monthly payments as you have to pay one month in advance (if you pay your rent monthly).
Under LHA it will be your responsibility to pay the rent to your landlord. LHA will be paid direct into your bank account. This means you will need to open a bank account if you do not have one already.
Some people may struggle with this responsibility and help will be available if you need advice on:
- which account(s) are best suited to enable you to pay your rent to your landlord
- how to open an account
- what evidence and documents you will need to open an account
- money and budgetary advice
- prioritisation of debt.
What if my rent is higher than the LHA?
You may find a property where the rent is more than the LHA rate you are entitled to. The council cannot pay more LHA and you will have to pay the difference from your other income. In exceptional circumstances you may be entitled to a Discretionary Housing Payment for a temporary period to help pay the difference. You can download the leaflet at the bottom of this page.
- What if I find somewhere to live and the rent is the same as the LHA?
- What if I cannot manage to pay the rent myself?
- Reviews and appeals
- Safeguard Policy
- Further information
If the rent is the same as the amount of LHA you can get, your Housing Benefit will usually be paid to you and you will have to pay your rent to your landlord.
If you think you may struggle with the responsibility of paying your rent, safeguards have been put in place to make direct payments to landlords. See our Safeguarding Policy (see Related Documents) which is also available at any of the council’s “Connections” offices. The policy covers the circumstances in which the council will consider paying Housing benefit direct to the landlord. A request to make direct payments under the policy can be made by tenant, landlord or any other interested party and written evidence will be required to support such a request.
Examples of when a payment of Housing benefit may be made direct to the landlord are if:
- the Council considers that the customer is likely to have difficulty in relation to the management of his financial affairs' or
- the Council considers that it is improbable that the customer will pay his/her rent.
This may be because you are likely to have difficulty managing your financial affairs - perhaps there is a medical condition, learning disability or a drug/alcohol problem that would mean you are likely to have difficulty managing a household budget and prioritising payments. Payment may also be made to a landlord where you are unlikely to pay your rent and this may be because you have existing debt problems or a history of failing to pay the rent in the past without good reason.
From the 01/04/2011 payment may be made to the landlord where the Council considers that;
- The rent charge has been reduced to an affordable level by the landlord so that the tenant can retain an exisiting tenancy; or
- Set at an affordable level by the landlord to allow a tenant to secure a new tenancy.
Each Case will be considered individually and may require a negotiation with your landlord about the rent charge, with which the Council can assist.
Payment of Housing benefit will also be made direct to the landlord where;
- Rent arrears have reached the equivalent of eight weeks or more - You are in rent arrears amounting to eight weeks if, at the beginning of your tenancy, you have missed two monthly payments (if you pay your rent monthly).
- A claimant is having deductions from their Income Support or Jobseekers Allowance to pay off rent arrears.
The ‘person affected’ rules will not change as a result of LHA so a claimant or landlord may appeal against a decision regarding direct payments but there is no right of appeal against the rent officer’s LHA rate or the Broad Rental Market Area (BRMA).
You may wish to use the Referral Form to apply to have your Housing Benefit paid to your landlord. Please make sure if you are completing this form on behalf of a tenant that he/she signs the form where this is possible and that any supporting evidence or information is also enclosed.
A tenant or their representative may also make the council aware that they would prefer their LHA to be paid to the landlord by email letter or by telephone but written supporting evidence will be needed.
If you need any further information or advice on Local Housing Allowance you can:
- email the council on LHA@torbay.gov.uk
- visit the Directgov
or DWP: Local Housing Allowance websites - telephone the council on 01803 207201
- visit the council’s Connections offices
Related Documents
All documents open in a new window. Need more help with documents? View the Document Help page.
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Safeguard Policy
The Local Housing Allowance Safeguard Policy provides safeguards for both landlords and tenants and aims to prevent rent arrears accruing and tenants being put at risk of eviction.
Last updated: 02/12/2011, 10:35am (84 KB)
Related Tasks
Contact Local Housing Allowance
- Tel: 01803 207201
- Email: LHA@torbay.gov.uk
- Fax: 01803 207122
