Private Tenants

Rents and Housing Benefit

Before accepting a private rented property you must ensure that you will be able to cover the cost of the rent. It may be that you will be entitled to housing benefit or can access the deposit guarantee scheme to help you with your initial deposit.

Paying Rent
Housing Benefit
Pre-tenancy Determination
Deposit guarantee Scheme

Paying Rent

Rent can be paid weekly, fortnightly, monthly, annually or for some other period - as stated in the tenancy agreement. If you pay the rent weekly then you are legally entitled to a rent book to be supplied by the landlord, it should include-

• The landlords name and address
  
• The amount of rent to be paid
  
• A summary of basic rights that a tenant has under the Housing (Scotland) Act 1988

If you pay rent over some other period then it is recommended that you ensure to get proof of payment of rent from the landlord.

Rent can be paid by cash, cheque or some other method e.g. the landlord may ask you to set up a standing order with the bank so that the rent is transferred automatically each month. If you claim Housing Benefit then the landlord may ask you to sign a mandate so that all rent payment go directly to him.

Please note - it is your responsibility to ensure that the rent is paid and kept up to date, but the methods of payment must be agreed by you and the landlord before the tenancy starts.

Housing Benefit

Being paid Housing Benefit depends on each individuals circumstances, you may be able to get help with the full cost of your rent or part cost by applying to your Local Council.

Housing Benefit is financial assistance towards rent a tenant is contracted to pay to a landlord. It is means tested and may not cover the whole rent. If you claim for Housing Benefit then it will normally be considered for Council Tax Benefit and vice versa. You can usually receive Housing Benefit if you are in receipt of benefits or are employed on a low income.

The amount of Housing Benefit paid to you will depend on two things -

• Your own personal circumstances
  
• The property

When you apply to the council as a private tenant the council is required to refer your claim to the Rent Officer who is independent to the council, but ultimately the council will decide the amount of benefit entitlement and if you are unhappy in any way with the decision that has been made you have the right to appeal.

Before you make a claim for Housing Benefit you should be aware of the following:

• Before you accept a tenancy you can find out how much rent you would be likely to pay by asking the council for a Pre-Tenancy Determination.
  
• Housing Benefit payments are made four-weekly in arrears and your application may take a few weeks to be processed. You should claim as soon as possible to ensure that you receive your full entitlement.
  
• Your Housing Benefit can be sent straight to your landlord but you will have to complete a mandate requesting this be done.
• If you are more than eight weeks in arrears with your rent then your landlord can request direct payments from the council.

Pre-Tenancy Determination's

A Pre-Tenancy Determination is a rental valuation carried out by the Rent Officer (an independent body) which you can request from your Housing Benefit Office.

The determination details the maximum amount that Housing Benefit will pay to you. It does not mean that you will be guaranteed Housing Benefit nor does it tell you the actual amount you will receive - it simply tells you how much of the rent charge will be used in the assessment of the benefit.

The main advantages in obtaining a Pre-tenancy Determination are:
o It will help you decide whether or not you can afford the accommodation before you sign the tenancy agreement.
o It will be provided to you in five working days and will last for up to 12 months.

If you require further information please contact your local Housing Benefit Office.