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Is housing benifit not paid to landlord is it fraud?

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cassa333 | 09:48 Wed 13th Jul 2011 | Law
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If a tenant is getting housing benefit paid directly to them but doesn't then pay the landlord, is this fraud?

And if so, why don't they get done for it?

If not why not?

Thank you
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As long as the rent is being paid there shouldn't be an problem unless the person is not entitled to HB

What makes you think it's fraud? I'm not sure about now, but years ago as a single parent on benefits with HB paid, I had a choice as to who it was paid to - myself or my landdlord. Perhaps that choice is still available?
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Question Author
The tenant is in reciept of housing benifit and should pay the rent to the landlord.

If the tenant then doesn't pay the rent and spends the HB money on something else surely they are receiving money under false pretences?
As long as the Housing Benefit (HB) is correctly paid i.e. there is entitlement to it, then the tenant can do what they want with it. If they get into arrears of eight weeks or more, the council can pay the HB to the landlord. The council can also pay direct if it believes it's in the tenant’s best interests.
Do you think the LL could insist on it being paid direct to them?
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At the end of the day why isn't it receiving money by deception? or fraud or something. Surely if a government body gives taxpayers money for something then the tax payer should be confident that that is what it is paid for.

I could say I will act as the go-between you and the car salesman. You take the car and pay me but I don't pay the salesman but keep the money and pay for my holiday.!!!
It's not fraud or deception since there is entitlement to the HB. Child Benefit is paid for each child but no-one can insist that the benefit is paid soley for the benefit of the children, it can be spent on drink and drugs or anything. As said previously, there are opions available to the Landlord.
Who's policing it then? If the landlord does nothing, nothing will happen. Nobody else is in the slightest bit interested in checking up.

Whether it's actually legally fraud or not - no idea.
Question Author
Thank you for all your replies.

Personaly I feel it is fraud of some sort. Houseing is a key componant for (the vast majority of) people and if I am giving someone money because they don't have the resourses to pay themselves then I expect them to spend the money I give them on what it was intended for.

If a friend came to me and said they couldn't afford to buy food for their children and I gave them money for food and they spent it on booze and fags I would not give them any more money. If they were still in dire need I would feed the kids and not give them money at all.
But what happens if you give them money for Rent and they spend it on food for their children?
Question Author
You pay the rent directly to the landlord and give them food for the children.

I am not against benefits just the way they are paid and how, in 'some cases' they are abused by people. food is not booze, fags or drugs. Housing benefit is not cars, holidays or wide screen tvs.
I think its part of the housing benefit shake up, tenants are now paid HB directly, however if both agree it can be arrange that HB is paid directly to the landlord
according to a website advising on benefits, i have read that there is an option to select HB to be paid direct to the LL, therefore rent is paid automatically, i would presume that living on benefits this is the best way to avoid temptation to spend it otherwise and end up in arrears on the rent. am not judging anybody, but i do think it should be done that way regardless, if its for rent then pay it direct to the LL. but then thats the simple logical thinking i have, and since when have any governments used that in making decisions.........
If they are entitled to housing benefit and their rent is up to date I fail to see what your issue is with the person you are complaining about
Whether they use their job seekers/tax credits to pay their rent then use their HB to feed and clothe themselves is of complete irrelevance to you or anybody else
i am not judging anyone, and not interested in what they do with their money/benefits, was just thinking if it went direct to LL would be easier if thats what its for, am assuming all benefits, going direct to claimant go in same account anyway and they use it as they wish, no problem, having been in this position myself in the past and struggling i know how easy it is to fall behind with rent and the sleepless nights i had worrying about being evicted, i got it sorted out and never again had my HB paid direct to me, that was point, nothing else. What prompted cassa333's question i dont know.
Question Author
Pink Kittens, The point is the LL isn't getting paid. Therefore they are getting money for a specific entitlement and not paying anything for the purpose it was given.
yes i got the point, i said i didnt know what had prompted the question, as it is irrelevant to me how they use their money or what they do/dont pay, as you commented it is indeed irrelevant to anybody else, i made my comments and gave my opinion, you said you failed to see cassa333's issue with it, same thing as me not knowing what PROMPTED the question.
surely they should be served notice if they are not paying rent?
now i have got confused lolol
sorry pink-kittens....i am off to specsavers
are you the LL in question cassa333? rent has to be paid or they will lose their home?

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