Benefits information for landlords

The tenancy agreement is between the tenant and the landlord.

It is always the tenant’s responsibility to pay their rent.

If Housing Benefit is paid to the tenant, or paid directly to you on their behalf, this does not create an agreement between the council and the landlord.

Information landlords must provide

To pay Housing Benefit, we need proof of rent liability. This should show:

• the date the tenancy started
• the date the tenant moved in
• the rent charged
• the number and type of rooms in the property
• the rooms the tenant occupies
• the landlord’s name and address

You can send a tenancy agreement, or a letter from the landlord showing:

• the start date
• the weekly or monthly rent
• any services included in the rent (for example heating or meals)

Using an agent

A landlord can appoint an agent.

We need a letter from the landlord confirming the agent is authorised to act for them.

What information we can share with landlords

We must protect personal information under the Data Protection Act.

If Housing Benefit is paid directly to the tenant, we cannot discuss the claim without the tenant’s written consent.

If Housing Benefit is paid directly to the landlord, we can tell you:

• the amount of Housing Benefit the tenant is entitled to
• the date payment starts
• how often it will be paid

We may share more information if the tenant gives written consent.

For full details, see our Landlord Disclosure Policy (PDF).

If a tenant does not use Housing Benefit to pay their rent

If Housing Benefit has already been paid, we cannot pay it again for the same period.

We cannot make a tenant pass on their benefit and cannot intervene in disputes.

If your tenant receives Housing Benefit and is 8 weeks or more in rent arrears, you should tell us.

When Housing Benefit can be paid to a landlord

We normally pay Housing Benefit to the tenant. We can pay the landlord if:

• the tenant is 8 weeks or more in rent arrears
• the tenant has been in arrears before and is likely not to pass on the payment
• the landlord agrees to reduce rent so the tenant can stay
• the tenant has difficulty managing their finances

How much Housing Benefit can be paid

New claims are based on Local Housing Allowance (LHA).

LHA depends on how many rooms the household needs. This is based on:

• an adult couple
• 2 children under 16 of the same sex
• 2 children under 10 (any sex)
• a single adult (16 or over)
• any other child

Single people under 35 usually get the shared accommodation rate.

You can:

• use the Directgov LHA bedroom calculator to see how many rooms are allowed
• use Directgov to find LHA rates by postcode

LHA gives the maximum Housing Benefit.
The actual amount may be lower, depending on the tenant’s income, savings and other benefits.

Changes to a tenant’s entitlement

A tenant’s Housing Benefit may change if their circumstances change, or if the circumstances of other people living with them change.

How Housing Benefit is paid

If Housing Benefit is paid to a landlord, it is paid every 4 weeks in arrears by BACS.

You can apply for BACS payment (PDF, 37 KB).

Housing Benefit overpayments: information for landlords

Do landlords have to repay overpaid Housing Benefit?

You may have to repay Housing Benefit if:

• the benefit was paid directly to you, and
• you caused the overpayment, or
• you could reasonably have known that the payment was wrong.

We will recover overpayments where appropriate.
For example, if a tenant has moved out but Housing Benefit continues to be paid.

We may also recover an overpayment from another tenant’s Housing Benefit.
In this case, that tenant is treated as having made the payment to you.

What we can tell you about an overpayment

If there is an overpayment, we will tell you:

• how much the overpayment is
• how it has been worked out (weeks or weekly amount)
• the reason for the overpayment
• who made the error (the tenant, you, or the council)
• whether the money must be repaid
• how to make the repayment

Appeals

What landlords can appeal

You can appeal if we decide:

• not to pay Housing Benefit directly to you
• that you are not a “fit and proper” person to receive direct payments
• that an overpayment can be recovered from you

What we look at in an overpayment appeal

If you appeal an overpayment, we will check:

• whether the overpayment amount is correct
• whether the law allows us to recover it

You cannot appeal our decision about who we recover the overpayment from, if the amount is correct.

How to appeal

You can appeal by:

• writing to us, or
• completing and returning our appeal form (PDF, 35 KB)

Universal Credit

If your tenant receives Universal Credit, see our Universal Credit page for more information.