PDA

View Full Version : Tenant requires urgent help



chubster1908
09-03-2009, 19:14 PM
Me and my partner had a six month tenancy.

We split and he agreed that i could have a new one in my name only which my landlady agreed to and gave me.

I advised her that my rent would be paid thereonin by Housing Benefit and that it could take a few weeks. She agreed to this.

I told her I would pay what I could in the meantime, and on the 25th February when the rent was due, I paid half of it.
Landlady has now contacted me to say, that what i paid only covers me till the end of this week and if she doesnt get the rest she will be reletting the property,

I have nowhere to go, and council are going to be approx another four weeks sorting out my benefit - can anyone please give me any advice on how to handle this situation. I am unable to pay her any more money myself as I have less than £100 a week to live and pay bills!

mind the gap
09-03-2009, 19:22 PM
Me and my partner had a six month tenancy.

We split and he agreed that i could have a new one in my name only which my landlady agreed to and gave me.

I advised her that my rent would be paid thereonin by Housing Benefit and that it could take a few weeks. She agreed to this.

I told her I would pay what I could in the meantime, and on the 25th February when the rent was due, I paid half of it.
Landlady has now contacted me to say, that what i paid only covers me till the end of this week and if she doesnt get the rest she will be reletting the property,

I have nowhere to go, and council are going to be approx another four weeks sorting out my benefit - can anyone please give me any advice on how to handle this situation. I am unable to pay her any more money myself as I have less than £100 a week to live and pay bills!

Don't worry - your LL cannot do this - it would be illegal eviction.

Unless you owe at least two full months' rent, she cannot legally require you to leave before the end of the first six months of any AST. If she has only just issued you with a new one, then you can stay there for the full fixed term, (usually 6 or 12 months) as long as you pay the rent or it is paid for you by the council.

Even if you do owe two months' worth, (which entitles her to issue a section 8, ground 8 notice to evict you), by the time the court hearing comes around, the council will presumably have paid you/her and the arrears if any will be brought down to less than 8 weeks'/2 months' worth? In which case, she will not be granted a possession order automatically, in fact, her application for one will be likely to fail.

If you would like help drafting a letter to her to explain your situation and why she should not threaten you with eviction, please send me a private message and I will try to help.

chubster1908
09-03-2009, 19:37 PM
Does this mean, she would not be allowed to change the locks on me??

I dont actually owe her anything until after this weekend - then the arrears will start clocking up

That is my worry

mind the gap
09-03-2009, 19:42 PM
Does this mean, she would not be allowed to change the locks on me??

I dont actually owe her anything until after this weekend - then the arrears will start clocking up

That is my worry

No, absolutely not - unless she is resident in the same property as you? Is she?

I was assuming you had an AST in a house where just you and your partner lived.

chubster1908
09-03-2009, 19:43 PM
No she is not a resident landlord - i live here on my own now.

So if she gained access while i was out, and changed the locks, would I have a right to go back in?

mind the gap
09-03-2009, 19:48 PM
No she is not a resident landlord - i live here on my own now.

So if she gained access while i was out, and changed the locks, would I have a right to go back in?

If she gains access without your permission and changes the locks to prevent you getting into your own home, she is committing an offence.

I will reply to your pm in a little while I've had my tea and we can get a letter sorted to stop her harassing you. Don't worry. She is way out of order.

chubster1908
09-03-2009, 19:52 PM
Thank you so much - really appreciate this

johnboy
09-03-2009, 20:01 PM
I sympathize with your situation and i am sure MTG will be able to help. But i would say from reading your post it looks like you and your ex partner have tried to call the shots and dictate the terms.

"he agreed that" "I advised her" "I told her I would pay what I could"

Now that may or may not be the case but that was my first impression and if the landlord doesnt understand how the housing benefit system works that may explain her actions.

chubster1908
09-03-2009, 20:10 PM
I have had to use housing benefit in the past, so I explained in great detail that it could take up to 6 - 8 weeks.

I wrote my original request out rather hurriedly, and none of it was done in a dictating manner. Me and my ex both sat down with my landlady and told her our situation and we came to this agreement mutually.

Unfortunately my landladys situation changed in the meantime, and she now needs the money.


I sympathize with your situation and i am sure MTG will be able to help. But i would say from reading your post it looks like you and your ex partner have tried to call the shots and dictate the terms.

"he agreed that" "I advised her" "I told her I would pay what I could"

Now that may or may not be the case but that was my first impression and if the landlord doesnt understand how the housing benefit system works that may explain her actions.

justaboutsane
09-03-2009, 20:35 PM
If she changes the locks on you you can sue her and it has been known for Tenants to be awarded 50% of the market value of the property! Let her know this... may make her think twice!

If you google Illegal Eviction you will find more information.

Paul Gibbs
10-03-2009, 09:01 AM
Agree with MTG that LL cannot take this action. It might be worth contacting a solicitor to warn LL against illegal eviction. If you are in receipt of housing benefit you may be eligible for Legal Aid for this work.

If you have a new AST then you are entitled to remain there for the fixed period of the tenancy. If there is not written agreement, and just an oral agreement then that period is likely to be 6 months.

LL can serve a section 8 notice on you, however at present the only grounds are discretionary - this means that if the LL brought court proceedings then it is up to the judge whether to evict, and in reality by the time of the hearing your HB will be sorted and a balancing payment sent to LL - meaning that LL is unlikely to get possession.

MaryQK
10-03-2009, 10:11 AM
It is my understanding that if you have applied for HB which is now LHA, you should receive a partial payment within 2 weeks.