The National Landlords Association (NLA) has welcomed a Housing Benefit Tribunal decision upholding an appeal that a tenant’s rental arrears begin as soon as the due date has passed.
According to Housing Benefit regulations, a landlord can apply to their local authority for direct payment of rent when eight weeks or more of arrears has accrued. Currently, some local authorities refuse direct payment within this period citing Department for Work and Pensions (DWP) guidance which states that ‘a person cannot be in rent arrears in respect of a period that has not yet been served.’
In his judgment (I Doncaster v Coventry City Council), Mr. C Jones, Chairman, Coventry Appeal Tribunal, disagreed with the DWP view, saying, “rent is in arrears once the contractual date for payment has passed irrespective of whether rent is due in advance or in arrears.””