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can i sue a council for houing benefit negligence

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neilcmurphy | 09:31 Mon 16th Jul 2012 | Law
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i am 51 disabled on stae benefits relying on 2 ennants to stop foreclosure by the bank on my home recently aftef 5 trips to canterbury council housing department every time receiving a receipt that they have what they need i am now told that 1 of my tennants benefits have been stopped for no valid reason help time critical i have a payment to make on the 26th what can i do to seek legal redress an stressed out my injury a brain hemmoraghe caused by stress really don't want another which will be fatal
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my property has extensive safety adaptions for me i rely on two tennants rental via housing benefits 1 of which been stopped my mortgage company is threatning to repossess if i lose a rental
10:00 Mon 16th Jul 2012
You need to speak to your bank/mortgage provider.
Sorry I do not understand what you are asking .
Do you have rental property that you rely on for your income ? or are you talking about your own home and you sublet part of it?
The tenants themselfes are responsible for paying rent not the DWP benefit people .
Like Eddie I do not understand exactly your position or what you are asking. Your LA are responsible for paying Housing benefit and council tax benefit only they would not normally disclose to you any reason why this was not being paid to your tenant, Other benefits would usually be paid by the DWP and HB & CTB would probably be dependant upon the payment of these benefits.
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my property has extensive safety adaptions for me i rely on two tennants rental via housing benefits 1 of which been stopped my mortgage company is threatning to repossess if i lose a rental
So do you have 2 lodgers living with you or do you own two further properties that you rent out?
As above, still need to know if the tenants share your house or if you have seperate propety that you rent out.
I can not see how a council housing deptment would give you details of another persons housing benefit , that information is supposed to be private.
well then you need to get rid of the non paying tenant and get one that does pay. The answer to your question about suing the council is no: for all you know the tenant is no longer entitled to HB. I find it highly unlikely that a mortgage company would repossess (or even threaten to) until the first payment is even overdue!
sounds as if the OP is already behind with mortgage payment
Asking on a Q & A site isn't the best idea. Try calling your mortgage lender and speaking with them
Your tenants HB has not been stopped for 'no good reason' - there has to be some thing behind it
When you say you rely on these tenants, is it just for the income they provide or are they some sort of carer?
I think the best advice is probably the first by ummmm, speak to your mortgage provider.
It may be the court has been involved? If the court has not been involved, it is very unlikely a lender would seek possession after one missed payment and the court must be involved before possession they must issue an order followed by a warrant for possession. Speak to your lender
You can only sue for negligence if there is a duty of care. The council has no such duty in your case, your tenant is their client.
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