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Say for instance I was claiming housing benefit but instead of paying it to my landlord for it's intended purpose I was spending it on food (inc dog food), fags & booze, would this constitute benefit fraud? I've paid no rent since last December but have been claiming since February. 😈
It's deja vu all over again.
If you are not trolling search on here for the last thread on HB.....
Or get rid of your tenant through the appropriate means, and move on?
I've only just found out he's been claiming since March! (but still can't find out if it's 'fraud' or not) Also just advised the benefits folk on the matter.
& the date is set for eviction.
Could be argued either way. As he's not paying rent then arguably he's lying when he claims HB, so it's fraud.
What would Nick do?
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Not possible Binners, I could end up in prison FFS!!
So he's not been paying rent for a year, but you only want to get rid of him because he's claiming HB?
Surely just get rid of him because he owes you thousands of pounds?!
No, but maybe you ought to get which Minister it was in the dock for enabling people to be paid HB directly in the first place?
I thought the HB people paid you direct once the Tenant's were x months in arrears... 😕
This is from Portsmouth Councils website:
My tenant is behind with the rent. What can I do?If your tenant is eight weeks or more in arrears with their rent, we can pay housing benefit direct to you, even if your tenant has requested us not to. So it is important to keep in touch and let us know about any rent arrears, particularly if you are considering enforcement action (such as eviction or giving notice seeking possession) and you believe the rent arrears are in part due to non-payment of housing benefit. Remember - it is the tenant who is liable to pay the rent, not Portsmouth City Council.
http://www.portsmouth.gov.uk/living/11448.html
[i]So he's not been paying rent for a year, but you only want to get rid of him because he's claiming HB?
Surely just get rid of him because he owes you thousands of pounds?![/i]
Err, no, actually.
Started proceedings to evict last March through solicitor/courts etc. Baseball bat would have been much quicker.
Anyway back to my OP (this one, not the others) has he committed benefit fraud?
I actually don't think he has because he hasn't CLAIMED for something he's not entitled to. The fact he hasn't paid any rent is a different matter (possibly) 😐
br - You have a point there.
The Civil service Code prevents me commenting too much further, but it wasn't the current bunch of incompetent halfwits.......
[i]The Civil service Code prevents me commenting too much further, but it wasn't the current bunch of incompetent halfwits....... [/i]
Was it by any chance the previous bunch of incompetent halfwits?
I suspect it wasn't a future bunch 😉
No benefit fraud here, his offence is not paying you your rent charge with his benefit.
Get in contact immediately with your local HB section and tell them that he is more than 8 weeks in arrears - the law says that they have to stop any further payment until they establish who to pay.
If over 8 weeks in arrears payment must be the landlord (unless deemed not fit and proper to receive payment - i.e. you have been convicted of fraud). Establish if a payment has just been issued and ask them to stop it if they can - then send in a formal request for payment to you with evidence of the rent arrears.
If nothing else it will get you some payment. He'll probably then do a bunk and you wont know about it leaving an overpayment from the date he moves up to the date he's paid up to which you will be asked to repay. If he fails to tell the HB section and you argue that you didn't know - as long as he didn't tell them either he should be asked to repay for failure to report a change
I would contact your local council if you haven't already.
They may already be familiar with the tenant if they are a well known 'scummy'/ASBO type.
Perhaps, by referring this intentionally 'non paying' tenant out of one of their own council properties (that happens around here), they will save some money.
It is a piss take though, and often the council seems to be above the law.
Well this has been a 'learning curve' all right!
Hopefully by mid January he'll be gone, as long as there's no more cock-ups on the legal side that is.
The house will need gutting as It's now a complete shitehole cos he's turned out to be a scruffy **** as well as 'slightly dishonest'.