Information for Landlords

Claims Procedure

All claims must be made on a Herefordshire Council benefit application form, which must be signed by the claimant (married or unmarried couples should apply on the same claim form). Application forms should be completed and returned to Herefordshire Council's Benefits Section as soon as the occupancy begins. Delayed applications will result in a loss of benefit. Proof of rent will be required to support the application. If no formal tenancy agreement exists then the landlord can complete a separate form to provide proof of rent (LL1 form), these forms are available from Herefordshire Council's Benefit Section, or you can download a form at the foot of the page. The tenant is also responsible for providing proof of any income, capital, and savings they may have.

The role of the Rent Officer

When claims are received from private tenants, the amount of rent charged will be referred to the Rent Officer. If the rent charged is considered excessive, Housing Benefit may be reduced to a level more consistent with the average for a particular type of accommodation. The Rent Officer will advise the Council of "average" rents. If the accommodation is over large for the claimant's reasonable needs Housing Benefit may also be reduced accordingly. If the Rent Officer has not previously visited a property, they may wish to do so within twenty working days and will make arrangements for the visit with the claimant. Meanwhile, a payment on account can be made.

It is possible to find out the maximum amount of Housing Benefit payable on a particular property before a prospective tenant moves in. With the agreement of both the landlord and the prospective tenant, the Council can ask the Rent Officer for a pre-tenancy determination. A special application form must be completed.

Rent Increases

An increase in rent will not be considered reasonable within twelve months of the original claim for benefit, unless the rent increase was provided for in the terms of the original tenancy agreement. It may, therefore, be advisable for landlords to make provision for this when drawing up tenancy agreements. You can inform us of any rent increases in writing or by using a form provided for this purpose.

Notifications

The Council is obliged to determine a claim and notify the claimant of its decision within 14 days of receiving all the necessary information. Landlords will only be notified of the decision in cases where payment is being made to them direct. Notifications of any re-assessment of benefit will also be sent within fourteen days, in the same way.

Absence from the property

Benefit may continue to be paid on a property if the claimant is absent and intends to return within 13 weeks. There are exceptions to this rule and in certain instances benefit may continue for 52 weeks. The accommodation must not be re-let during any such absence.

Vacations

You should inform us immediately of anyone leaving your property.

Right of Appeal

Once a claim has been determined, if a claimant considers that the details of their benefit are wrong, they have a right of appeal, in writing, within one month of the date of the original decision. The Council will then notify the claimant of its decision on appeal, giving reasons if the decision is not revised, and informing the claimant that their appeal will be heard by the Appeals Service. Appeals are conducted by an Independent Tribunal. Appeals relating to benefit entitlement cannot be made by the landlord. Claimants are told about their right of appeal on the back of the Benefit letter.

For more information, see the section on Appeals. You can navigate quickly to Appeals by following the related pages link at the bottom of the page.

Method of Payment

Landlord payments will be made either in arrears or in advance, depending on when the claim started. Landlords will be notified of those claimants for whom payment has been made. It is important to check this information carefully. Payment may only be made direct to a landlord when a claimant has authorised this, in writing, or when rent arrears equivalent to eight weeks or more have accrued. Payment may be made directly into a Bank or Building Society account.

Payment Dates

A Payments Guide is available for download at the foot of the page. It tells you the payment dates for the current year.

Level of Benefit

If the rent charge is inclusive of items not considered to be rent, the Council is obliged to make deductions for such items. These may include:

Fuel for:

• Heating
• Laundry
• Lighting
• Water Rates
• Hot Water
• Cleaning
• Cooking Meals

The Rent Officer will value these services and advise the Council of the amount to deduct.

Deductions from benefit may also be made if the rent charged is considered excessive, or the accommodation is considered over-large for the claimant's reasonable needs.

Overpayments

If you receive payments of Housing Benefit, you are under an obligation to notify the Council immediately of any changes you are aware of. If payments are made direct to a landlord, and benefit is wrongly granted, the Council will decide whether to recover the overpayment from the landlord or from the tenant.

You do have the right to appeal against a decision to recover an overpayment from you. This should be done in writing within one month of the date of the decision. For more information, see the section on Appeals.

Enquiries/delays

It is the aim of the Benefits Section to deal with claims as quickly and efficiently as possible. Most delays occur through lack of information, therefore, it is important that forms are completed fully, accurately and promptly. It would also help to avoid delays if landlords could ensure that:

• Bedrooms/bedsits are numbered
• The Council is notified immediately of movements within a property
• The Council is notified immediately of movements to and from a property
• Claimants notify the Department of Works and Pensions of any changes of address immediately
• Proof of rent indicates the date occupancy commenced, the level of rent and details of the services included.

This information is intended for general guidance only and should not be treated as a statement of law.

Last Updated: 12 June 08,
Review Date: 20 September 2005