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

You can:

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).

Does a landlord have to repay overpaid Housing Benefit?

We may recover an overpayment of Housing Benefit from a landlord if:

  • Housing Benefit was paid directly to the landlord, and
  • the landlord:
    • caused the overpayment, or
    • could reasonably have been expected to know that an overpayment would occur

Examples of when we may recover an overpayment

We may recover an overpayment where appropriate. For example, if:

  • a tenant moves out of a property and
  • Housing Benefit continues to be paid after they have left

Recovery from another tenant’s Housing Benefit

In some cases, we may recover an overpayment from another tenant’s Housing Benefit payment.

In these cases, that tenant is treated as having received the Housing Benefit payment for the amount recovered.

What we can tell landlords about an overpayment

When there is an overpayment, we will tell the landlord or managing agent:

  • the total amount of the overpayment
  • how the overpayment is calculated (for example, the number of weeks or the amount per week)
  • the reason for the overpayment and who caused it (for example, the customer, the landlord or us)
  • whether the overpayment must be repaid
  • how the overpayment needs to be repaid

Can landlords appeal?

Landlords can appeal against decisions about:

  • whether Housing Benefit should be paid directly to them
  • a decision that they are not a fit and proper person to receive Housing Benefit payments
  • a decision that an overpayment of Housing Benefit can be recovered from them

Appeals against overpayments

If you appeal against an overpayment, we can look at:

  • whether the overpayment has been calculated correctly
  • whether the law allows us to recover the overpayment

There is no right of appeal against who we decide to recover an overpayment from, as long as the overpayment has been calculated correctly.

How to make an appeal

You can make an appeal by:

Universal Credit

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