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  • LHA/Universal Credit

    APA while issuing s21

    I have a UC tenant who is currently 1 month in arrears, in 2 weeks time they will be 2 months in arrears, i would really like to issue a S21 to this tenant as i want them out but am wondering if its worth my while trying to get an APA from there allowance ?

    Do the benefits office allow an application for an apa once a S21 has been issued ? or does it make more sense to get the application in first then issue S21 ?

    I do not really want to go down s8 route as they may just pay arrears and be allowed to stay.

    Any advice appreciated...

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    You can only submit  apa when 8 weeks have accrued, to my understanding, but do it as soon as possible then issue sec21 normally this will nudge tenant to pay.

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    Stephen Coles Dip RLPM

    Coles Property Management

    32 Lune Grove

    Blackpool

    FY1 5LE

    01253 291816

    07967 561210

    You can contact the DWP when the tenant is 4 weeks arrears, on 8 you have complete the Alternative Payment Arrangement form. (UC-47 - probably the unsecured version)

    When completing the form, ensure you select the BOTH option, to manage payments of housing cost element and clear arrears.

    If you want to seek possession of your property, then you are correct S21. However be aware, once the tenancy end the DWP will stop all payments, even if there are outstanding arrears and the APA has been setup.

    So do both.


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    Hi Pound Behind

    Follow Richard's advice and make application using https://directpayment.universal-credit.service.gov.uk/

    When assessing the amount of rent arrears focus on the tenant's liability dates and not the DWP's payment dates. So, if your tenant's monthly liability started on 1st January, with expectation of payment in advance, if he/she doesn't make 2 payments by 2nd February you satisfy the the 2 month's Tier 1 criteria.

    If not, but the tenant has 1 month's arrears, caused by misusing his "housing costs" apply on the grounds in all probability he'll repeat his failure to use the funds to reduce or extinguish his rental liability.

    Making application for an APA is quite separate to serving section 21 notice but let DWP know when you've done it.

    Bill

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    Hi Pound Behind,

    As Bill correctly states you can apply for an APA under Tier One factors as the tenant is 8 weeks or more in arrears, I am aware that DWP will review your request for direct payment faster if you provide evidence that the tenant is at risk of becoming homeless, such as the Section 8 or 21 eviction  notice.

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    If the tenant has already been served a S21 would the DWP then expect you to unwind it if they pay you a managed payment ? If they know you are going to be evicting then i would of thought they would be hesitant to pay ?


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