Information For Landlords
Last updated | 26/03/2008
Housing Benefit
Housing Benefit is a national welfare benefit which your tenant(s) may be entitled to to provide assistance with the payment of rent.
Housing Benefit cannot be claimed by the landlord and is claimed by the tenant, however, with the agreement of the applicant, payment of Housing Benefit can be made to the landlord.
Local Housing Allowance
From April 2008, a new Housing Benefit scheme is to be introduced known as Local Housing Allowance. Personal responsibility and financial inclusion are two key aims of Local Housing Allowance. In the vast majority of cases, benefit will be paid to the tenant who will be responsible for making their own payments of rent to their landlord. In certain circumstances, benefit can be paid directly to the landlord.
More information on Local Housing Allowance.
How Much Rent is Eligible for Housing Benefit?
When an application for Housing Benefit is received, a referral is made by Perth and Kinross Council to the Rent Registration Service who will specify the maximum eligible rent which is allowable for each property.
This allowable eligible rent may in some cases be lower that the rent which you are charging your tenant.
Some charges which are included in a tenant's rent may not be eligible for Housing Benefit. This is another reason why the full rent charge may not be covered by Housing Benefit.
For more information on how Local Housing Allowance will effect eligible rent, 'Click Here'.
Pre-Tenancy Determination
If someone is considering renting your property but is unsure of how much Housing Benefit they may be entitled to, they can submit a request for a Pre-Tenancy Determination.
A Pre-Tenancy Determination is a request to Perth and Kinross Council to make a referral for the prospective property to the Rent Registration Service who will return advising of the maximum eligible rent for that property.
A Pre-Tenancy Determination cannot be submitted if a tenancy agreement is already in place for that tenant at that particular property, regardless of whether they have moved in yet or not.
After a decision has been made, the prospective tenant will receive notification of the maximum eligible benefit. Please note - a Pre-Tenancy Determination does not guarantee that any application for Housing Benefit will succeed or, if it is awarded, how much will be paid. This will always depend on the individual circumstances of the tenant.
A Pre-Tenancy Determination form is required to be completed and signed by the prospective tenant. This is also required to be signed by the landlord of the property. You can obtain a Pre-Tenancy Determination form from our downloads on the right hand side of this page or you can Contact Us.
Claiming Housing Benefit
As previously mentioned, it is the responsibility of the tenant(s) to apply for Housing Benefit - entitlement to Housing Benefit is granted to the tenant. For further information on how to claim Housing Benefit, 'Click Here'.
Proof of Rent
Should an application for Housing Benefit be submitted by your tenant, he or she will be required to provide proof of rent. For more information on what can be accepted as proof of rent, 'Click Here'.
Payment of Housing Benefit
As Housing Benefit is claimed by the tenant, for the tenant, it is usual for the tenant to receive payment of Housing Benefit. This of course is not always the case and payment can be made to the landlord if requested by the tenant. For full details on payment information, 'Click Here'.
For more information on how Local Housing Allowance will effect the payment of Housing Benefit, 'Click Here'.
Prevention of Overpayments of Housing Benefit
In order to prevent overpayments of Housing Benefit, we ask our tenants to report all changes in household circumstances as failure to do so may result in an overpayment. We also ask that as a landlord, if you are aware of any changes in your tenant's household circumstances, which you think may alter the amount of Housing Benefit they are receiving, you notify us of these changes. The most common changes in circumstances that the landlord will be aware of are as follows:
- When your tenant leaves the property;
- Changes to the level of rent being charged (increase or decrease);
- Changes to the household composition (household members leaving or joining);
- And many more.
It is important that if you are aware of any changes in your tenant's circumstances which may effect his or her entitlement to Housing Benefit, you notify us of these as soon as possible. Should an overpayment occur as a consequence of any delay, in some circumstances this overpayment can be recovered from the landlord.
Landlord Appeal Rights
Although a landlord has no right of appeal against the amount of Housing Benefit a tenant is awarded, an appeal can be made against any overpayment that we say we intend to recover from a landlord. Appeals must be made in writing and within one month of the notification date. For more information on Appeals and what to do if you think our decision is wrong, 'Click Here'.
Reporting Benefit Fraud
Benefit Fraud is a crime. If you suspect that benefit fraud is being committed by your tenant or anyone else, please report this to us. For full information on Benefit Fraud and how to report this anonymously, 'Click Here'.
Data Protection
Under Data Protection Laws, we cannot discuss matters regarding a tenant's Housing Benefit with the landlord without the written permission of the tenant.
There are exceptions made when, for instance, we take action to recover an overpayment and in such cases a landlord is entitled to know about the cause of the overpayment. General advice on Housing Benefit and procedures followed by Perth and Kinross Council can be discussed without permission from the tenant.
If your tenant gives us written permission, this will allow us to discuss certain matters regarding the tenant's Housing Benefit entitlement. This permission is given by the tenant on his or her application form and so any information which we give to the landlord is strictly restricted to that particular application.
Landlord Forum
Perth and Kinross Council has introduced a forum for private landlords. It is designed to promote joint working and to improve communication on any new legislation or any matter of concern, including Housing Benefit.
Private landlords who would like to be on the mailing list for the Forum are asked to contact 01738 476170 during weekday working hours.
Private Landlord Registration
From 30th April 2006, all Private Landlords letting properties in Scotland must apply for entry in the Register of Landlords. Information is available at www.betterrentingscotland.com or from Legal Division, Corporate Services, Perth and Kinross Council, 2 High Street, Perth, PH1 5PH. You can also call us on 01738 475241.
Contact Us
If you have any concerns or want to know any further information on any areas of Housing Benefit, please do not hesitate to contact us on 01738 476049 or by email Housingbenefit@pkc.gov.uk
You may also find our booklet for Private Landlords useful. This booklet is available through our downloads on the right hand side of this page.
