Last year yes, but for the year (2011-12) before prob' not as we moved to our current address in late Nov/early December and electoral forms come out in October. Unless I am reminded about this sort of stuff, it goes to the back of my mind and I forget about it.

An interesting point, Caro. One would think so. However, at the same time as being billed £5,000 for unpaid rent (for the 2011 - 12 period), I was also billed £1200 by the local council for unpaid council tax. I was, at least, able to write to them direct - unlike the court (no option given for writing to them), so I got my local council to send me copy statements of council tax I'd paid stemming back 3 years. I sent this to the other council - several, increasingly acrimonious letters went back and forth between me and said council, who argued that my name was on the tenancy and I therefore benefited from the services available. I questioned how this was possible given that I had not even stepped foot in the borough for 12 years. Their last letter said that I 'had an interest in the property' even though I was not resident there. The so and so's didn't even give me a reduction for the house being empty! I awaited a court letter as I knew that hearing would be close enough for me to travel to (I did not know then that all CCJs come from Northampton court), but I am guessing they did not want to take that route and have opted, I think, for a default. My job requires me to have a CRB (enhanced), surely that would go in my favour? I have had to have them for the last 11 years. The council (where I lived 12 years ago) must surely know the names of the people living at the address? Or, was the person who was living there using my name? I feel so angry that someone was living there rent/council tax free for that year and I'm facing homelessness as a result.

Many thanks for the advice. I clicked on the set aside link you provided, but having read it, I don't think I have a leg to stand on, and it would certainly incur further costs (having read it) because if I challenge it, and by 'point of law', I'm in the wrong, I have to compensate the other side. I am thinking of spending what little savings I have set aside for a deposit on somewhere new for a solicitor to advise and represent me, but it is a big gamble: my name was still on the tenancy up until last year, (un be known to me) and I can't prove that the HA knew I was not living there, but they can prove I was simply because they did not change the tenancy paperwork. In court, (as unpalatable as it seems) it tends to be a game of who has the better lawyer, and one individual fighting against a big corporation is a bit of a 'no-staerter' in terms of who will have the best legal representation. The only thing I have in my favour is benefit of doubt: can a landlord seriously not know who is occupying the property for 12 years?! It'll be impossible for me to track down who was living in there because the borough council will not provide me with those details. \does anyone have an idea where I can get free legal advice? I've tried Shelter et al, but the advisers I have spoken to are just not not expert enough and so keep guiding me back to essentially squatting here until we are evicted. Very unhelpful.

Impending homelessness (family) We have been renting for the last 6 years (having moved 3 times during that time from one rental to another as a result of rent increases). On each occasion we have moved via an estate/letting agency. We have been in our current home for the last 2 years and have been asked to move by the owner as he wants to sell. Fair play. 2 months notice was given by him and we have spent the last 5 weeks looking for somewhere suitable. My first shock was how much rentals have gone up in the last 2 years (approximately 150-200.00 more a month). The second shock was ‘set –up fees’ – some agents asking for 10 days rent on top of fees and a deposit, making the average money required straight away £2,650.00 The average rent here is £1250.00 – 1300.00 for a 3 bed place. I’ve looked further afield but travel to work would take nearly 3 hours on public transport The biggest shock, however, was to discover (yesterday) that we have absolutely no hope of renting anything. I have recently acquired a CCJ in respect of a former housing association property I rented. I left it, over 11 years ago, but my lodger remained. The HA was informed by me (they telephoned me) that I wouldn’t be returning but they seemingly allowed the lodger to stay as the rent was being paid, and did not remove my name from the tenancy. A few months ago the housing association tracked me down and told me I owed them over 5 grand in unpaid rent. I disputed it all but it went to court (I couldn’t afford to attend as the hearing was up north) so I have a CCJ. Yesterday I telephoned an estate agency that I have found to be very reasonable in the past just to ask if I could still rent, given that I have 6 years worth of impeccable rent accounts (supplied by former estate/lettings agencies). The answer was categorically ‘no’. The reason, she continued, was that a lot of insurers won’t accept a poor credit history. I have been advised by a couple of well-known organisations to stay put and await a section 21, otherwise the council will say I have made myself homeless. However, given that a lot of sites have sprung up for LL, (naming and shaming bad tenants), I do not want to run the risk of being put on a ‘said’ blacklist. In any event, my local council has a waiting list of over 2000 (average of 2 yrs) to get any assistance. I am not prepared to live in a b and b with 2 teenage children either. I imagine the cost would be pretty scary as well, given that my partner and I earn £50,000 gross between us. I have been advised to ‘shop’ around, be honest, etc, but given what was explained to me yesterday, it’d be pointless, surely? I am exploring all options from living on a narrow boat/static caravan (for now), to even buying, but as properties here begin at 300,000, that too is out of reach. Coming up with 6 months rent is not an option: that would work out at 7,500, and I have no extended family to act as a guarantor. Has anyone else been in this situation, or can anyone advise me as to what I could do?

I'm confused., Emma. I'm the payer? I filled out a bank details for bacs payment for my employer to pay me, but this was not honoured.

4 weeks from when they paid it, or 4 weeks from now?

Thanks for the reply, but I doubt my old bank will say, 'yeah, no problem. You have an unpaid o/d and fees stemming back nearly 3 years, but don't worry, we'll move it all into your 'umbrella account'.

Many thanks for the response CM; I have been working along these lines as well. I didn't think of the' gif't angle though. However, I appreciate Emmzi's thinking here. I'm not trying to manipulate a situation here where I effectively get paid twice (and in doing so have my overdraft paid for free and get paid into my umbrella account as well), rather, I want to know if this company (and it is a very big/significant one), has the power to phone my old bank, and without giving out too many details, say: 'We've screwed up - this money has gone into the wrong account and we need it back. Our error, we updated our computer package, and for some people, it has meant that unauthorized accounts have been used.' I could have claimed unemployment and housing benefit for the summer holidays, but being the person I am, I work for this organisation each year instead of sponging off the state. This muddle has effectively placed me in a situation where I probably now can't claim benefits either. I'm hopping mad, and very worried about how I am going to get through the next few weeks. There is no way I can work for this organisation again if this isn't sorted as it could, potentially, happen again.

Many thanks for the replies so far. I understand the moral/ethical rationale of having 'technically' been paid, but I signed a contract with them (I sign one every year), and explained why they must not use the old account. Legally, they are surely in breach of contract? I would have thought that a recall would have been possible, but was told I would need to wait 4 weeks to give it chance to come back on its own accord. I found this strange as if it was going to bounce back, surely it would have done so immediately/within a couple of days. Can a wages recall happen after 4 weeks? I won't have anything to do with my old bank. They wouldn't stop my bank charges/account fees when I lost my job, had no money and had to find cheaper accommodation quick smart before I was evicted. I offered them a nominal amount and the account was simply passed over to a debt collection agency.

Every year, ( for the last 7 years), I undertake work for a company for 3 weeks of the year. I use the money I receive to live on during the summer holidays. (Groceries, new school uniforms, utilities etc). This year, as every year, I filled out a form for my bank details/address/phone number etc. I received a wage slip for approximately 1,000 at the beginning of July, but when I checked my account, there was no money in there. I phoned the company payroll and after checking various bank details, it transpired that I had been paid into an old bank account that I had not used for nearly 3 years. I asked her how this had happened because I'd used my 'new' umbrella account successfully with this company the previous year, and she informed me that they'd had a pc upgrade recently and for a few people, the same/similar had happened - newer bank details lost/reverted to old ones. I explained to her that I had walked away from the old bank because of debt/bank charges and did not even know whether or not the old bank account was still open. (If it was, they'd have swallowed my 1,000.) I asked her to do a BACS trace on the money but she refused, saying I would have to wait a month. Ironically, I can't claim benefits over the summer because my 1000 pay will no doubt be taken into account. I have no other income, very little in savings and really need to try and get my money returned. Am I entitled to get it back? It isn't as though I supplied them with incorrect details. I have written to their head of finance, but as yet, have had no reply. (The letter was sent a few days ago, but I have phoned numerous times since the beginning of July.) How long should I be expected to wait for a reply? Is there any other course of action I could take? Equally annoying is the fact that I paid emergency tax on the pay that I don't have. Hope someone can help. Thanks for reading.

Many thanks for the reply, and reminding me of the C word coming up soon. I think I will be making an executive decision to cancel it this year. As for the JSA etc, I haven't been inside a job centre for 20 years so don't know even know how to claim. Ex - colleagues advise me to avoid going in at all costs as both employees and clients alike can be 'tricky' - another reason for not claiming anything and keeping fingers crossed. Other half could get a short term loan I guess, but it's risky. I have some freelance work coming up next Jan/Feb but it'll only cover a month's living expenses or the quarterly bills. As for explaining my dilemma to the LL, certain things revealed, in my profession at least, results in one having to 'act on the information given'. I think this could well be one of those situations as the property is, I suspect, a buy to let. Some posts on CAG lead me to believe that certain mortgages and/or insurance won't entertain my situation and if this is correct the outcome is already devestatingly clear.

Thanks a lot for suggestion, but no, not a combi boiler. The plumber, employed by the estate agent, has examined the whole central heating system and said this: an essential part in the hot water cylinder has been fitted upside down resulting in low pressure. This means that there is not enough pressure to heat the radiators and consequently they need bleeding every 3 weeks. The thermostat is also broken. The same incorrection of installation causes the radiators to come on when the hot water button on the downstairs boiler is pushed to the 'on' position. The owner was not happy with the quote for repairs (a big job as all access to the pipes/parts have been blocked off by the addition of a shower and bathrooom tiling) so he asked for another quote by a different builder. That quote was even higher (kitchen ceiling will need pulling down and part of the bathroom), so nothing has been done because the owner can't afford it. In the meantime, I now have no heating at the moment at all - probably because the rad's need bleeding (partner refuses to touch them as the bleed screws are,in his words, 'made of chocolate'.)

Many thanks - have looked, and commenced appropriate action under s11.

Hi all, (thanks in advance for reading). Both my partner and I are 'professional' people (estate agent wording); my partner is a Scientist and I work in education. We have been renting a property via an estate agent, which is managed, for the last 9 months. 6 months ago I lost my job and I have used my work compensation to pay the rent ever since. It has now run out and having made enquiries to the housing benefit section, it seems that my partner can claim. However, the initial agreement with the estate agent was no dss etc. It was not an issue at the time, but we are now down by the tune of £32,000 a year and my partner could pay the rent but we'd have nothing more than £200.00 a month left to pay bills/eat/pay petrol etc. I do not currently claim JSA. Could the estate agent/owner have legal grounds to evict us because of my job loss? I am likely (because of the nature of my work) to find employment in the next few months via an agency, but don't want to accumulate arrears in the meantime. Housing benefit would, at least, enable us to eat. I am afraid to claim unemployment benefit that I have been entitled to for months, along with housing benefit, incase there are grounds to evict us. I have read a lot of posts along similar lines on CAG today, but that is more to do with folk trying to avoid telling their landlord BEFORE moving into a property. I asked Housing benefit about this scenareo and they advised that I claim, and if threatened with eviction to stay put at all costs because they would not be able to help me if I 'made myself voluntarily homeless'. I could be stuck between a rock and a hard place here. Can anyone advise?

Hi all, I am really hoping someone can help with this. I've lived in a rented property for 9 months, and since moving in I have had a few problems. 1.The central heating has not been working properly; when you put the hot water on the radiators come on as well - it was a nightmare in the summer. It was first reported 6 months ago, and it still has not been fixed - apparently the LL can't afford it. 2. No carbon monoxide detector. Is this illegal? 3. None of the doors upstairs shut. 4. Front door catch is broken, meaning no access via the front. These are surely fire safety issues? 5. The owner has occupied the loft with all her stuff. This was not in the contract. 6. Use of her aviary - we requested use of it, it was in the contract and we can't use it as her garden furniture is in it. All of these issues were reported when we first moved in. Most of it ignored. I am to report all that is applicable to the environmental health officer, but wondered if there are clear breaches of contract here, and is there anything else I can do?

I hadn't considered that one! Gosh, yes of course. That said, I had nearly 2,000.00 of arrears at end of November. (I have always made payments before the end of the month so it would stop the latest payment and arrears rolling in to the following month.) I'm figuring that I am £3,500 at present, which equates to over four months arrears. I guess I expected repossession to happen very quickly because this particular lender isn't a high street one and notorious for repossessing very quickly. But yes, government changes may mean a longer time here than I thought.

Again, many thanks for the advice and support from you guys. I saw someone at the CAB - not really helpful for me as she wanted to phone all creditors, etc. Problem is, all that would achieve is a slight reduction in the shortfall of our outgoings. For example: b/friend's take home pay is 1400 a month. Our daughter wasn't coping with getting up at 5:30am each morning here so he had to find a 2 bed place to accommodate her. Cheapest he could get was a tiny flat for 800.00 a month. Figured he could afford it so moved in. Having then moved in I created a spreadsheet to look at income/outgoings (I did one in respect of us each, and also as joint incomes) He has no debts/no credit and outgoings are all rent/groceries/utilities/council tax/petrol to school/work and car insurance. He is short by £250.00 a month. Every month. On my spreadsheet I am £235.00 a month short. Unsecured debts that I pay each month only come to £48.00 so even if the CAB were to make a deal with my creditors I would still be significantly short. The last mortgage payment that i made was at the end Of November. I used the bulk of my December wage to cobble half of the money together for partner's flat. (Cost us a little under £2,000.) I can't see any other way forward other than repossession, etc. My b/friend is concerned that it'll affect him/his credit rating/OR taking his earnings in to account which left me feeling worried that he'd tell me to live elsewhere for the duration of a b/cruptsy. As weird as it seems, we have always had separate finances so no, nothing is in his name here. I watched a programme on TV recently that followed the lives of 3 couples facing repossession. The couple that seemed to do better emotionally was the Financial Advisor. He resigned himself to the fact that he could no longer afford his house, used mortgage money to rent somewhere and lthen literally gave back the keys. The other couples fought 'tooth and nail' to keep their house and it all seemed pretty traumatic IMO. I'm now on medication for depression (partly as a result of having to be separated from b/friend and daughter) and part of me feels that trying to work through this mess any other way will make me even more depressed. My appt with the CAB made me wonder if at 'a societal' level, we are made to feel bad if we don't try everything in our power to avoid repossession. I say this because I went in to discuss my finances with a view to gaining knowledge and preparation for the process of repossession. The lady there was surprised - said she'd never had someone in her office asking such a thing. I left feeling that she thought it unethical to advise me further. Perhaps it's part of my depression, I don't know...

Manythanks.

My partner moved away last June to start a job in a specialist field. The cost of running 2 places means that there is a shortfall of 400.00 each month. I have resigned myself to the fact that my house will have to be be repossessed (it's in my sole name)and I will have to move in to his rented accommodation and work there on a supply basis until I can get proper work. The emotional difficulties revolving around us being apart has also taken its toll, so staying in my home isn't an option. I am considering filing for b/ruptcy when the house has been repossessed because I have lost all equity in the house as a result of tumbling house prices and have tried to sell it (3 viewings in 6 months and on the market for 10,000 less than current market value). Will the court make my partner b/crupt as well? Or treat us as if we are married in terms of looking at disposable income? We have a 9 yr old daughter that has just moved in with my partner (if that's important). Can anyone help?

Hi all (and thanks in advance to anyone who takes the time to read this). My house has been on the market for several months. It hasn't sold and I've lowered the price from £114,550 to £99,950.00 (so I've only £2,000 in equity) but it still hasn't generated any viewings. I've looked around to see what's 'moving' in my area - nothing much, is the answer. My long term partner (of 13 yrs) has recently moved to Surrey for career purposes. I am a teacher and live in the Midlands, between us we earn £2,800 a month. We should be able to afford to live, but we can't because of the costs involved of running 2 places. I am in danger of going on long term sick because of work related stress. My G.P thinks that part of the problem is also a kind of separation anxiety; in short, I'm not coping very well with hubbie only being at home for the weekends. Because I can't drive I have to get on a bus each morning at 5:30am with my 10 yr old daughter and commute to school some 15 miles away. We are extremely tired at the end of each day. I aim to get myself to bed by 9pm but for a variety of reasons I am still frequently awake at 3am. (I panic at the slightest noise, then panic that I'll be shattered in the morning, then can't sleep.) I am no longer coping with my marking workload so essentially I am not doing my job properly. I had decided (a week ago) to rent the house out and move to Surrey as soon as school would be willing to release me, but the rental value is only £450.00 and the mortgage repayments £881.00. (Kensington and interest only) An IFA attached to my estate agent informs me that Kensington will have to be approached for their permission to allow me to rent it out. I will be able to do supply work in London to cover the monthly shortfall in my mortgage but if it takes a while to get a tenant and I have to pay the whole mortgage for a few months I doubt I'll be able to cover it. I don't think Kensington will agree in any event. I have been reading about selling your home when it's in negative equity and it seems to be fraught with problems. I am feeling utterly desperate and wonder if perhaps I should just stop paying the mortgage and let it be repossessed. Will this mean that I can never have a mortgage again? Ever? Will it affect my partner's ability to get a mortgage? I just don't know what to do.

Our local council apparantly assist those who are homeless/facing homelessness who opt for private housing by paying your deposit/first month's rent. Do all local councils offer this?

Again, thanks for suggestions - to all. GGi, financial situ between partner and self is pretty simple (albeit unusual). I've been, as a mother, employee and a householder, pretty much reliant on my own income for many years. (since my husband died)My partner was at university when I took out my first mortgage. Since then, I've been responsible for mortgage, utility bills and groceries. His student loan has paid for his car insurance, tax, mot, petrol and sunderies. I don't know what he earns, and never have done (even when he was working, prior to uni), and he doesn't interfere with my earnings and what I pay out. This is going to be a new situation as such, because for the first time we'll have to work together, in a financial sense. (By the way - we've been together for 13 years and we've never had a row.) The pitfall, as such, is that the 'independance' that I've 'enjoyed' over the last few years has cost me dearly in financial terms. Paying for everything (with three children) on a single wage has invited a lot of juggling over the last few years and now that he's left uni and moved a few hundred miles away (coming home at weekends) is costing a lot of money. I clearly need to give up my job and sell the house. (Prefably not in that order.) I just wondered if my partner could take out a tenancy in his own name (pretty much in the same way as I've had a mortgage in sole ownership), because if any credit agency looks at my credit file for the last few years, they won't take into account the fact that on a salary of 23,000, with a mortgage of 700.00 a month and groceries, utilities and clothes/shoes to buy for 3 kids, and I have had to find a way to pay all of this for the last few years. Yet, several missed and/or late payments on my mortgage, mobile phone, etc, will just present me as a 'bad' individual. I will probably be debt free once the house is sold (and I include her credit cards, etc) but with a combined income of £3,000 a month, surely, once I have sold up, we can get something suitable together? The only barrier appears to be what has occurred in the last 3 years - but, that was a different situation, i.e, single parent paying for everything with partner at uni. The situation is, surely, not complicated. (Just meandering here.) It's compribable to an individual renting a house then moving in his 'girlfriend' and her child. Isn't it..?

Many thanks for your replies. I've put the house on the market for 105,000 for a quick sale. (It was valued at 114950.00 last week.) I won't be left with much after selling up - perhaps 2,000 (after fees, etc) and the properties I'm having to consider are 1,000 a month +, so as it is I'll struggle to pay 1.5 months deposit and a month in advance from 2,000. Paying several months rent will probably not be an option. I could consider putting the rented place in my partner's sole name since he has had nothing to do with me purchasing/owning my house. Up to now we've been financially separate. Is that possible? I'm a teacher - could that make a difference (being a key skills worker)?

I've just put my house on the market and I'm relocating to London to be with my husband, who's recently started work there. I've been in and out of arrears with my mortgage for the best part of 18 months but should be able to clear them before the sale of the house goes through. I haven't rented for many years so I don't really know how it works but I've been told that a credit check will be done on me. I don't have any deaults or CCJs but I am worried that my soon to be 'past' mortgage arrears will prevent me from privately renting. Can anyone advise me if this is indeed the case? If so, what can I do? Him being in one place and me and our daughter being 200 miles away is costing an extra £1100.00 a month, so I can't afford to stay put.

The claim is 'served' and the bank has 14 days to aknowledge. Once they aknowledge they then have 28 days to file a defence.