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Mago
25-04-2006, 21:33 PM
My landlord who is letting out an HMO without having obtain a licenced this evening issued me with the following,as I was walking down the street.

Dear Mr,
your arrears has built up to the amount of £750.00,this means that you have fallen behind in excess of eight weeks top up,and housing benefits are not being received(the man claiams that payments have been sent out to my address,which he also uses as a mailing address,and that some one has been interfering with his mail.)
You are asked therefore to vacate the property in seven days unless you make full payment of the arears and weekly payments of £110.00 until such time as benefit payments resume,where you will be rembursed for your payments.

The arrears have come about due to the fact that The Rent Service Office have set a fair rent of £80.00 per week and have told the man that he has been over paid by £750.00,the landlord is now looking for me to make up this overpayment.
I will be gratefull for any advice as to where I stand,and the best way to deal with this situation. To finish off when I returned home the landlord was waiting outside and entered my home by following me and then commenced to harrass me.

Energise
26-04-2006, 10:26 AM
My landlord who is letting out an HMO without having obtain a licenced this evening issued me with the following,as I was walking down the street.

Are you sure he needs a licence? Even if he does its unlikely that he would of received it by now.

Dear Mr,
your arrears has built up to the amount of £750.00,this means that you have fallen behind in excess of eight weeks top up,and housing benefits are not being received(the man claiams that payments have been sent out to my address,which he also uses as a mailing address,and that some one has been interfering with his mail.)
You are asked therefore to vacate the property in seven days

He cant legally do that.

unless you make full payment of the arears and weekly payments of £110.00 until such time as benefit payments resume,where you will be rembursed for your payments.

I assume £110 is what you have agreed to pay the landlord.

The arrears have come about due to the fact that The Rent Service Office have set a fair rent of £80.00 per week and have told the man that he has been over paid by £750.00,the landlord is now looking for me to make up this overpayment.

(unless I have misunderstood) the rent officer is not setting a fair rent he is setting a rent based on local circumstances and the amount they decided on is the amount of HB you are entitled to leaving a shortfall of £30 per week for you to find.

I will be gratefull for any advice as to where I stand,and the best way to deal with this situation. To finish off when I returned home the landlord was waiting outside and entered my home by following me and then commenced to harrass me.

As its a HMO he can enter the common areas.

Mago
26-04-2006, 11:16 AM
Energise,
many thanks for your reply.

The landlord has been told that he requires a licence.

I am not eight weeks in arrears,eight weeks would be the sum of £880.00,what the landlord has used as a reason for giving me seven days notice,is that I am more than eight weeks in arrears with what he sees as my top up ie £30.00 per week

My letter from HB Department reads. (I have had to ask The Rent Service to look at the rent that you are being charged. They decide wheather or not the rent is too high for the property in which you are living,The Rent Service then tell me how much rent I must use to work out your Housing Benefit.

The Rent Service has decided that the highest rent I can use to work out your Housing Benefit is £80.00 per week.

I can pay you your maxiumn Housing Benefit of £80.00 per week.

The landlord is walking into my living room,kitchen etc with out invatation.

miss spooky
26-04-2006, 19:34 PM
Hi ya Mago,

I hope I can help you out a bit. I'm not sure how the whole thing works with HB, but as far as eviction goes, he can not enter your property and evict you without a court order. If he does this, he is committing a criminal offence - it doesn't matter how much your arrears are either.

Firstly I would advise you to get down to your nearest Citizens Advice Bureau as soon as possible.

Depending on your tenancy agreement, if it's an AST he will need to give your 2 months notice to quit. The reasoning will differ - For instance it could be a section 21 if your tenancy is due to expire within 2 months... After this has passed, you still do not have to move out. He will then have to apply to the court for an Order of Possession. If your tenancy is coming to an end, he can apply for an Accelerated Possession which does not involve a court hearing, if not a court hearing will be arranged.

You will have your chance to have your say. They will then take all into consideration and send you an Order of Possession with a date to evict. The time line differs. You still do not have to leave by this date. For him to physically "get you out" he will need to go back to the court and request a Warrant for the Bailiff. The Bailiff will contact you to arrange a date for you to leave the property. There are differnce circumstances where a court can be asked to suspend the eviction, this is why you need to get to the C.A.B.

As I stated earlier, he can not harrass you by coming into your property and try to evict you without a court order. He is committing a Crimianl Offence and you can sue him...

Can you not ask the Rent Officer top pay the rent direct to him via electronic transfer - Direct Debit etc?

Good Luck

Energise
26-04-2006, 19:58 PM
Energise,
many thanks for your reply.

The landlord has been told that he requires a licence.

I am not eight weeks in arrears,eight weeks would be the sum of £880.00,what the landlord has used as a reason for giving me seven days notice,is that I am more than eight weeks in arrears with what he sees as my top up ie £30.00 per week

You would need to be the full 8 weeks in arrears £880 for the landlord to have grounds to evict you (there is another ground for eviction for persistently late rent, but I am not sure that would be successful).

My letter from HB Department reads. (I have had to ask The Rent Service to look at the rent that you are being charged. They decide wheather or not the rent is too high for the property in which you are living,The Rent Service then tell me how much rent I must use to work out your Housing Benefit.

The Rent Service has decided that the highest rent I can use to work out your Housing Benefit is £80.00 per week.

I can pay you your maxiumn Housing Benefit of £80.00 per week.

The landlord is walking into my living room,kitchen etc with out invatation.

Any areas you have exclusive use of, the landlord should not enter without your permission.

zoe
26-04-2006, 22:16 PM
My letter from HB Department reads. (I have had to ask The Rent Service to look at the rent that you are being charged. They decide wheather or not the rent is too high for the property in which you are living,The Rent Service then tell me how much rent I must use to work out your Housing Benefit.

The Rent Service has decided that the highest rent I can use to work out your Housing Benefit is £80.00 per week.

I can pay you your maxiumn Housing Benefit of £80.00 per week.


this just means that the HB will only pay the first £80 and you must pay the rest. it does not mean that the LL is not allowed to charge more. Why do you think that the council should be setting the rent due in this case ?

Mago
27-04-2006, 08:03 AM
Zoe,
many thanks for the advice.

You ask why do I think that the council should be setting the rent?
I received this letter.

(I have had to ask The Rent Service to look at the rent that you are being charged. They decide wheather or not the rent is too high for the property in which you are living).

zoe
27-04-2006, 08:09 AM
Which means that the council have to work out how much HB they can pay. There are limits to how much the council will pay towards HB and they need to asses the market value etc. Their decision to pay less than what you have agreed does NOT mean that you dont have to pay extra.

Why do you think it would possibly make any sence for the council to tell the LL how much he can charge in your case ? you have agreed to pay the LL a higher figure and it is up to you to pay it, if you have chosen to rent a property that is too expensive for your means then I am affraid you will need to find a way to pay the extra.

Zoe

justaboutsane
27-04-2006, 08:44 AM
Mago... you have posted repeatedly all on the same subject. You have started new threads over and over and all come down to the same situation. The posters on this site have repeatedly told you that you need to seek legal advise. Either go to a solicitor, got to your local CAB or contact you local tenancy relations officer at the council.

No-one on here can do anymore for you, we have done what we can. Now please listen to people and get the help we have suggested.

Rant over soap box away!

Poppy
27-04-2006, 09:04 AM
It is my opinion (and probably that of the silent readers biting their tongues) that Mago does not like the answer he has been consistently given and wants a different answer.

zoe
27-04-2006, 09:30 AM
Mago

I have just gone back to read your previous post. You seem to not understand what the "rair rent" means in your letter from the council.

The council have to cap the limit of what they will pair for HB claimants. A single person should not be able to claim for a 5 bedroom house at market rate for example. They have to cap how much a person can claim depending on their age, number of dependants, circumstances and they consider market value also. They will not provide housing benefit for anymore than what they consider fair.

So usually it makes sence to ask the HB office what their limits are prior to taking a property. They can make a interim assesment.

You have a duty to pay your rent as agreed with your LL, the fact that the HB your recieve does not cover it is irrelevant.

I hope you understand this now !!

Zoe

Mago
27-04-2006, 18:43 PM
Hi Zoe et al,
sorry if I have come over as being disrespectful/repetive,
this is due to,

I have just gone back to read your previous post. You seem to not understand what the "fair rent" means in your letter from the council.

I am house bound and not in a position to be able to pay for legal advice.

What I have found confusing is this. (Some years ago I was renting a property, the rent of which turned out to be higher than my neighbors on either side of my home. I asked what was at that time called The Rent Tribunial to look into this matter on my behalf) The result was that the amount of rent that I had to pay to the landlord was reduced some what and the estate agent/landlord had to pay back to me the amount that I had over paid whilst being charged the higher rent.

Once agaian sorry if I have annoyed any one.

Mago

zoe
27-04-2006, 19:04 PM
A rent tribunual is not the same as a HB rent assesment by the council.

I do not know the details of your previous tenancy but I can tell you that the rent limits set by the council for the purposes of HB are not at all the same as setting a fair rent and forcing the LL to reduce his cost.

zoe

Mago
27-04-2006, 19:13 PM
Zoe,
thank you for that information,you have put me on the right track,the people that I have got to make an application to are The Residential Property Tribunial Service.

zoe
27-04-2006, 19:55 PM
Why do you need to go to a tribunual ? Why did you move in and accept the property if you didn't think the rent was fair ? What do you think your changes are of the LL renewing your ast if you go to tribunual ? Why cant you just pay the rent ?

Does any of this apply to you ?

RACs can decide the following types of dispute:

When a landlord or tenant of a regulated tenancy has objected to the rent assessed by The Rent Service (formerly the Rent Officer), the case will be referred by the Rent Service to the RAC to determine the fair rent;

A tenant with an assured tenancy may apply to the RAC for a determination on an open market rent for the property if their landlord tells them they plan to increase the rent by serving them with the form, "Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy";

A tenant with an assured short hold tenancy can apply within the first six months of their tenancy. Thereafter they can apply if their landlord tells them they plan to increase the rent by serving them with the form, "Landlord's notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy";

Where a fixed term assured or assured short hold tenancy has ended and the landlord or tenant has served a notice proposing new terms for the statutory periodic tenancy which has automatically risen, the recipient of the notice can ask the RAC can determine new terms and any rent adjustment for the statutory periodic tenancy.

RAC's can also become involved where a long lease at a low rent that is governed by the Local Government and Housing Act 1989 has expired. More information about this type of cases is contained at Annex B of the detailed Guidance Note " Rent Assessment Committees: Market Rents"

I think you are just out to cause trouble for your LL and will complain through the whole of your tenancy. This IMO is the worst type of tenant !

Zoe

zoe
27-04-2006, 19:57 PM
further to that if you have an AST it is really unlikely that they will make changes to the charges payable to the LL !!!!

see here
http://www.rpts.gov.uk/our_services/rd.htm