The Housing Executive will only give you £1 per week housing benefit if it believes that you are subject to the 1978 Rent Order. This means that you have a protected tenancy.

• Do I have to pay more than £1 per week in rent?
  
• Can I get back the extra rent I've paid my landlord?
  
• What happens if my landlord can prove the Housing Executive is wrong?
  

Do I have to pay more than £1 per week in rent?

If the Housing Executive has stated that you will get £1 per week housing benefit, you don't legally have to pay more than £1 per week rent to your landlord.

You won't have to pay the rent you agreed with the landlord when you moved in, unless your landlord can prove that the tenancy is not protected.

It is a good idea to put aside your normal rent since your landlord may be able to prove that the tenancy is not protected. Your landlord would be able to claim back the full amount of rent that you should have paid, is s/he manages to prove that the tenancy is not protected.

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Can I get back the extra rent I've paid my landlord?

You can claim back rent if you have a protected tenancy but you have been paying more than £1 per week. You can claim back up to two years of extra rent.

Write to your landlord asking:

• for a lump sum of the extra rent you paid since moving in;
• for the amount owed to be deducted from your rent.

If you landlord refuses to repay the extra rent. you can go to court to get your money.

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What happens if my landlord can prove the Housing Executive is wrong?

If you landlord can prove that you do not have a protected tenancy, you will have to pay the rent you agreed when you moved in. Your landlord can ask you to pay the full amount of rent from the date your housing benefit was restricted to £1 per week.

The Housing Executive will reassess your housing benefit application. You will usually be eligible for more than £1 per week. You may get extra housing benefit to help you pay the rent you owe your landlord.

The Housing Executive can backdate housing benefit for up to 6 months, if the request for backdating was made on or after 6 October 2008. Prior to this, claims could be backdated for up to 52 weeks.

You may not get enough housing benefit to pay your full rent. Try to set money aside weekly in case your housing benefit won't cover your rent. You can also apply for a discretionary housing payment.

Finding out if a tenancy is protected can be complicated. An adviser can help you work out if you are getting the right amount of housing benefit. Advice is available from Housing Rights Service and other advice organisations.

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