Question
Is it possible for a private landlord, or similar such party, engaged in a private agreement for housing rental to have the rent deducted directly from a service person’s salary and reflected on their payslip?
Answer (Short Version)
Yes.
Answer (Longer Version)
Overall, I would like to advise that the mechanism you outline is possible only in certain circumstances, discussed in more detail below:
- It is possible that a landlord owed rent could seek legal redress from their tenant through the County Court by making an attachment of earnings order.
- For Service personnel, such orders are facilitated through the Armed Forces (Forfeitures and Deductions) Regulations 2009 which allow any such pay deduction orders from a UK Court to be recognised and actioned by Defence Business Services (DBS).
- The regulations permit any kind of court-ordered deduction from pay to be made.
- Therefore, it is possible that if a Court ordered that a Service person pay rent to their private landlord direct from salary each month, then that order could be carried out by DBS.
- Outside of a Court Order mandating a deduction from pay, it is not possible for a private landlord, or similar such party, engaged in a private agreement for housing rental to have the rent deducted directly from a Service person’s salary.
- A Service person is unable to request to have their rent deducted from their pay and paid to a third party.
- When a Service person enters into a rental agreement with a private landlord, the contract is between that Service person and the landlord.
- As such, the responsibility to ensure payments are made sits with the Service person.
