Council & HA Tenants

Common Problems

Common problems are with Housing Benefit or with debt.

Prioritising Debt

If you owe money to more than one creditor, then it is important that you prioritise your debts.

Most money debts are simple civil matters and the creditor can only obtain a court order to retrieve the money. The court will assess your ability to pay on your financial situation.

However, some money debts allow the creditor other options than simply just getting their money back by instalments.

The most important debts where the creditor can take action that would deprive you of your liberty, home or essential supplies.

There are one or two exceptions to money debts being civil matters, such as the non-payment of fines, which ultimately can result in imprisonment.

Keeping your home is obviously one of the main priorities, if not the main priority. If you do not make adequate arrangements to clear the rent arrears, then ultimately your landlord can take possession of your home.

Other priority debts are such things as gas or electricity where if the bill is not paid the creditor can cut off the supply.

Simple money debts, such as credit cards or a bank overdraft, are low priority debts.

This is because if you cannot afford to pay back the money, then the only option available to the creditor is to obtain a court order requiring you to pay back a reasonable sum by instalment.

If you have multiple debts then you should seek advice from a specialist debt advisor such as the Citizens Advice Bureau [see List of Advice Agencies in Kensington & Chelsea].

Housing Benefit

Many tenants get into rent arrears after having problems with their housing benefit.

Common problems are:

a) A delay in making your claim
b) Not supplying sufficient information for the renewal of your housing benefit claim
c) Not appreciating that other adults in the household may be expected to contribute to the rent [non-dependant deductions]
d) Not paying the element of the rent for services

a) A delay in making your claim

It is important you claim Housing Benefit as soon as you become eligible because your claim will only start the following Monday after the council receives your application form.

b) Not supplying sufficient information for the renewal of your housing benefit claim

Having made your claim, the council may request further information and you normally have 4 weeks to supply it. Failing to do so may result in a loss of entitlement.

If you have any problems in obtaining the requested information you should inform the housing benefit department as soon as possible. Alternatively, you should seek advice.

It is possible to get your housing benefit backdated for up to 12 months on the basis of continuous good cause.

c) Not appreciating that other adults in the household may be expected to contribute to the rent [non-dependant deductions]

If there are non-dependant adults living in your household then, depending on their income, they will be expected to contribute towards the rent, regardless of whether they do or not.

Consequently, your housing benefit entitlement will be reduced by an appropriate amount. You need to make sure that do contribute this amount.

d) Not paying the element of the rent for services
If there are any services included in the rent, then you are expected to pay for them out of your weekly income. They are not covered by housing benefit. Typical services are such things as water rates, heating or hot water.

Getting additional housing benefit
In addition to the possibility of getting your housing benefit claim backdated [see above], in exceptional cases you may be able to claim extra payments above and beyond your standard entitlement. This is called a Discretionary Housing Payment.

Checking Benefit Entitlement
It is always important to check that you are receiving your full entitlement to welfare benefits, as this can often be a contributory factor in the arrears occurring.

HASKC, or a generalist advice agency, can check your entitlement [see Useful Contacts].