Working with Landlords

Fig. 5.1: Results of BFI’s assessment for working with landlords

Source: BFI inspection

For an explanation about how to read this radar chart see Strategic management.

5.1 This section considers how effectively Rhondda Cynon Taf works with private landlords, Registered Social Landlords and its Community Housing Division.

Communicating effectively with landlords

5.2 Rhondda Cynon Taf is not at Standard in this element, but has some strengths, including:

• providing a dedicated telephone line for Registered Social Landlords and Community Housing Division staff
• providing guidance to staff on the level of information that can be disclosed to direct payment landlords
• regular two-way communications with landlords
• sending letters to direct payment landlords at the same time as a decision letter is sent to the claimant
• issuing explanatory letters to landlords to accompany payments
• having good communication links between the Benefits service and Community Housing Division, for example, staff access local authority tenancy records to confirm residency and report any inconsistencies to Community Housing Division
• payments are made to Registered Social Landlords by electronic transfer via the Bank Automated Clearing System
• service level agreements exist with all Registered Social Landlords who have benefit claimants and these include targets for handling enquiries and exchanging information
• quarterly forums are held for both Registered Social Landlords and private landlords
• benefit training has been provided by Rhondda Cynon Taf to Community Housing Division staff and Registered Social Landlords.

5.3 To reach Standard Rhondda Cynon Taf needs to ensure that:

• help sheets and leaflets are provided to landlords and that staff are aware of their availability and are able to send out on request
• for renewal claims, direct payment landlords are sent a copy of invite to renew and, where necessary, a copy of any reminder letters that are issued to the claimant
• all its claim forms include:
  • consent wording, clearly specifying what information may be given to the landlord on the progress of a claim
  • an opt-in section, which allows the claimant to choose whether payment is to be made direct to the landlord, and which requires an additional signature, separate to that on the back of the claim form.

5.4 We attended both a Registered Social Landlord and private landlord forum. The meetings provided an opportunity for everyone to discuss issues and how they might be resolved. All private landlords had been invited to the forum but the majority of landlords attending controlled many properties. There was no other regular contact with landlords with only one or 2 properties.

5.5 At Bronwydd House and 2 District Housing Offices there was no evidence of help sheets, information packs or notices specifically for prospective or existing landlords. This and the absence of smaller private landlords at the forum means that Rhondda Cynon Taf is not communicating with all landlords.

5.6 Rhondda Cynon Taf ensures that:

• when a decision letter is sent to a claimant a copy is also sent to the landlord
• all landlords are sent a payment schedule with cheque and Bank Automated Clearing System payments. The schedule details the amount paid, for whom it is payable and for what period
• on expiry of the benefit period, Registered Social Landlords are sent a weekly schedule listing claimants who have failed to renew their claim.

5.7 For renewal claims, however, direct payment landlords are not sent a copy of the letter to the claimant which invites a renewal claim or a copy of any reminder letters that are issued.

Staff awareness

5.8 The Standard states that staff should be aware of their roles and responsibilities when dealing with landlords. Benefits staff have a training aid called Providing Information which covers the information that can be given to landlords who receive payments. The landlord forums provide some assurance that staff put this guidance into practice. Following comments from landlords Rhondda Cynon Taf reintroduced a dedicated telephone line.

5.9 Part of the management checking process includes whether a claimant’s consent has been received before providing information to landlords.

5.10 Of the 4 claim forms in use at the time of our inspection we found that:

• none specifically alert the claimant that the council may send information to the landlord about their claim nor sought the claimant’s agreement to do that
• none of the forms had a clear, separate, request for the claimant to sign agreeing that the landlord may make enquiries about the progress of the claim
• only 2 claim forms had an opt-in section, to allow the claimant to choose whether payment be made direct to the landlord. But those did not require a signature separate from that requested at the end of the claim form.

5.11 Although there is no service level agreement between benefits and Community Housing Division staff there were good communication links between them. For example:

• there are monthly meetings between the Principal Benefits Officer (Processing) and Specialist Services Manager (Community Housing Division), at which performance levels and any problems arising are discussed
• there are informal targets for handling queries which the Benefits service and Community Housing Division usually handled and returned within 5 working days
• Community Housing Division staff undertook exchange visits until July 2002, when the exchange programme was put on hold due to the backlog of work in the Benefits service
• all Community Housing Division officers are set up with view-only access on the benefits IT system
• Community Housing Division e-mails a weekly list of tenants that have vacated local authority properties to the Benefits service. The list is dealt with by a dedicated officer in the Benefits service within 7 working days.

5.12 In addition some Community Housing Division staff have had training on:

• the benefits IT system to allow them to view tenants’ claims, but a programme of training is required to enable Community Housing Division staff to access and understand the document image processing system
• National Insurance Number and verification procedures
• fraud awareness.

5.13 This training enables Community Housing Division staff to help tenants complete claim forms and provide advice.

5.14 Benefits Assistants cannot process Rent Rebate claims without first accessing tenancy records for a rent account reference. This ensures that Benefits Assistants check the rent account to verify residency and as secondary evidence for identity purposes.

5.15 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

5.16 Systems are in place to prevent enforcement action where a benefit claim is yet to be assessed, including:

• a weekly list is e-mailed to the Benefits service from Community Housing Division, identifying cases where prosecution or eviction is being considered. A Benefits Assistant checks this information to ensure that there is no outstanding HB
• Community Housing Division checking with the Benefits service whether a claim is pending and awaiting payment, before taking any enforcement action.

Recommendations

We recommend that Rhondda Cynon Taf:

ensures that all prospective landlords are sent a landlord information pack, regardless of the number of properties they control

provides landlord specific leaflets in the reception and waiting areas of its main offices and District Housing Offices

 

Recommendations

We recommend that Rhondda Cynon Taf:

ensures its new claim form includes the following: consent wording specific to the local authority sending information to the landlord on the progress of the claim clear self-standing requests to be signed by the claimant for the landlord or landlord’s representative to make enquiries about the progress of the claim an opt-in section, for payment to the landlord, that requires a separate signature to that requested at the end of the claim form.

for renewal claims, sends direct payment landlords, where consent has been agreed with the claimant, a copy of all correspondence issued, to specifically include: a copy of the invite to renew a claim a copy of subsequent reminder letters.

Paying landlords, preventing evictions

5.17 This section is about preventing delays in HB payment which can put a claimant’s tenancy in jeopardy or force a claimant into debt. It also covers the appropriate use of direct payments to landlords and suspending direct payments when necessary.

5.18 Rhondda Cynon Taf was not at Standard in this element but did have the following good practices in place:

• Rent Allowance payments are only made direct to the landlord when the claimant agrees
• Rent Allowance payments are withheld when necessary in accordance with regulations 11 to 13 of HB and CTB (Decision and Appeals) Regulations 2001
• XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX X XXXX XXXX XXX
• dedicating a member of staff to helping homeless people with applications for HB and CTB.

5.19 To reach Standard in this element Rhondda Cynon Taf needs to:

• provide staff with a policy and written procedures on fit and proper landlords and ensure compliance through its management checking process
• prioritise Rent Allowance and Rent Rebate cases where there is the risk of eviction or loss of tenancy.

5.20 Rhondda Cynon Taf did not carry out the fit and proper test for landlords at the time of our inspection but has now issued a training aid to staff about the test. This now needs to be backed up by a policy and written procedures.

5.21 Although Rhondda Cynon Taf had no clear policy or procedures to prioritise cases when there is a risk of eviction or loss of tenancy, Benefit Assistants use their judgement to prioritise urgent cases.

5.22 Rhondda Cynon Taf encourages landlords to make direct contact with the authority before taking court action. A Senior Benefits Officer is available to field landlord queries and quarterly landlord forums also provide the opportunity for discussion of these issues.

5.23 Landlords contact Rhondda Cynon Taf if there is a delay in payment and if the tenant is threatened with eviction, and such claims are given priority. This proactive approach has meant that no claimant in Rhondda Cynon Taf has been evicted because of the authority’s failure to pay benefit.

Recommendations

We recommend that Rhondda Cynon Taf:

provides staff with a policy statement and written procedures that detail the requirements for identifying fit and proper landlords and introduces a control mechanism to maintain a fit and proper register

introduces a policy to ensure Rent Allowance and Rent Rebate cases are prioritised where there is the risk of eviction or loss of tenancy.

Minimising and recovering overpayments

5.24 Co-operating with landlords prevents the build-up of overpayments and facilitates the recovery of any overpayments from landlords or tenants.

5.25 Rhondda Cynon Taf has some good practices in this element:

• recovery is sought from the claimant rather than the landlord in appropriate cases, for example, following a change of claimant circumstances
• the landlord is not held liable for an overpayment where the landlord reports suspected fraud promptly.

5.26 To reach Standard in this element Rhondda Cynon Taf needs to ensure that:

• claimant decision notices meet the requirements of the Housing Benefit (General) Regulations 1987
• written guidance is issued to all existing and prospective landlords covering their responsibilities regarding minimising and recovering overpayments.

5.27 Rhondda Cynon Taf’s Overpaid Housing Benefit Debt Recovery Policy supports its efforts to minimise and recover overpayments, as do its Debt Management guide and overpayment recovery procedures.

5.28 Landlords show a good understanding of both Rhondda Cynon Taf’s responsibilities and their own regarding minimising and recovering overpayments. Overpayments were discussed at landlord forums but there are no landlord information packs and leaflets for landlords who chose not to attend these.

Recommendations

We recommend that Rhondda Cynon Taf:

issues all existing and prospective landlords with written guidance that identifies the landlord responsibilities regarding minimising and recovering overpayments.

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