Help Req'd - Landlord and possible eviction

[kregrs]

Me and my partner were given a 3 month notice to quit our property on the day the tenancy runs out, no problem with that, the landlord has put the house on the market. We have just under a month to find somewhere, and so far have drawn a blank. Both currently unemployed but looking to start business in coming months, on Housing Benefit and with a pet dog. It seems every letting agent or landlord we approach just doesn't want to know, eiher because of the dog or the benefit.

 

Is there anything we can do? At the rate we are going we're going to be homeless very soon. Local authority have been no help at all so far, have both tried getting jobs so we can get off benefit but no luck yet.

 

Giving up my dog is out of the question as well, I may sound like I'm being stubborn but having had to fight the RSPCA to keep him, and all the hassles I have been through with him, letting him go is NOT an option.

[LittleMissSunshine]

hi kregrs

 

i am familiar with the problem as I am running into it too. I know that my landlord wanted references and/or guarantors, both difficult if you are unemployed and dont want to (or cant) involve family.

 

I know from when i applied for housing benefit that there is a list of landlords that take tenants on housing benefit. I havent look recently (am planning to go next week again), so have you checked with your council?

 

Otherwise I also would not know what to do, so hopefully someone here has some more suggestions.

 

Keep us posted how it goes

 

LMS

[Ms Fi]

I had a similar problem, couldn't get council housing (hadn't been in the area long enough and a lack of housing), couldn't rent through an agency as on benefit (hardly my fault my husband upped and left for someone else!) and couldn't stay with my parents - 7 of us in a 3 bed property!!

 

In the end I took a private rental which was the biggest mistake of my life, constant harassment from the landlady, repairs not being done, the house is in a terrible condition and whenever I say anything I get threatened with being thrown out!

 

My lease ran out in October and everyday I'm expecting a letter through the door serving notice.

 

I'm now a student (so still on housing benefit!) and still can't find anywhere else to live In the words on one agent, you don't stand a chance in this town on benefit - you're just not the sort of tenant the landlords want.

 

Can't move towns as the kids are settled in school and with the various statements, IEPS and health problems they can't be moved.

 

Sorry I can't offer any help but just wanted to let you know it's nothing personal and it's a problem everyone on housing benefit has across the country. Keep trying though, hopefully something will crop up.

[Aequitas]

Please remember that the tenancy does not come to an end until a court order is made.The landlord cannot apply to the court until after the notice has expired. The local authority will not regard you as homeless until a court order is made.

[marlow]

I may be missing something with this no DSS thing that most landlords prefer but why do they prefer it? Taking someone on DSS GUARANTEES their rent being paid and directly into the landlord or agent's account and they can also charge the earth in rent too and get away with it most of the time. So what gives?

[Ms Fi]

I know!! I know!!

 

I asked one of the local rental agents about this and their response was very interesting.

 

1. the local authorities are now paying the tenant and then letting them pay the landlord - could be several months before a tenant would be evicted having not paid rent (so basically we're all thieves who'll steal the money and won't pay the rent!)

 

2. whenever there's a change in circumstances it takes the council ages to sort it out and HB isn't paid in the meantime, so no rent is being paid

 

3. tenants will be at home all day and will put more wear and tear on the property

 

4. tenants on HB don't take as much care over the property as working tenants (we're all **** you see!)

 

5. having HB tenants affects the insurance premiums the landlord has to pay (no idea if that's true or not)

 

It's so hard trying to get a tenancy if you're on benefits - I'm on Income Support as my husband left me and our children with nothing. I'm currently studying for a BSc in Criminology and Pyschology yet all the rental agents and landlords see is Housing Benefit claimant and they're not interested

[Joa]

Guys, some Local Authorities have a list of landlords who are prepared to take HB tenants on. Some have Rent Deposit schemes. Can you ask about it?

As for the pet dog; some landlords would agree providing that you are prepared to give undertaking that the property will be professionally cleaned and sanitised upon your leaving. Guidance on unfair terms in tenancy agreements http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf say that the landlord musn't refuse to allow pets unreasonably- see Table 4.2: Examples of potentially unreasonable prohibitions

Besides, the revised Homelessness code of guidance for local authorities ( July 2006) stipulates in 8.32 that Local Authorities are obliged to help without waiting for the court to issue a possession order.

The Secretary of State considers that where a

person applies for accommodation or assistance in obtaining accommodation,

and:

(a) the person is an assured shorthold tenant who has received proper notice in

accordance with s.21 of the Housing Act 1988;

(b) the housing authority is satisfied that the landlord intends to seek possession;

and

© there would be no defence to an application for a possession order;

then it is unlikely to be reasonable for the applicant to continue to occupy the

accommodation beyond the date given in the s.21 notice, unless the housing

authority is taking steps to persuade the landlord to withdraw the notice or allow

the tenant to continue to occupy the accommodation for a reasonable period to

provide an opportunity for alternative accommodation to be found.

http://www.communities.gov.uk/pub/625/HomelessnessCodeofGuidanceforLocalAuthorities_id1501625.pdf

[Esio Trot]

I may be missing something with this no DSS thing that most landlords prefer but why do they prefer it? Taking someone on DSS GUARANTEES their rent being paid and directly into the landlord or agent's account and they can also charge the earth in rent too and get away with it most of the time. So what gives?

 

Even if we assume it is GUARANTEED, it is not the first time that the tenant has revoked direct payments to the LL and then spent the rent money on booze, fags, or spliffs.

 

The Rent Officer give a maximum rent payable - which is no more than the average of rents for that type of property in the locality - hardly charging the earth!

 

The main reason though in the last year or so is that most BTL mortgage forbid letting to those on housing benefit.

[kregrs]

We may have finally found somewhere. There is a local estate agency which, due to the type of properties they sell (nothing below £300k) I'd dismissed as being unable to help. Actually went to see them, felt out of place in the posh offices, but instead of being looked down upon becaue of circumstances, were actually very helpful.

Yes, they do have landlords who take HB and pets, and they have a property within our price range. The lettings manager is speaking to the landlord over the weekend, will get back to us on Monday.

The house itself is not what we were looking for, being 6miles out of town and fairly isolated, but beggars can't be choosers, and I'm just glad that someone is actually helping us for a change and not brushing us aside.

[kregrs]

After our HB was suspended, then reinstated, we've found out we're going to be overpaid. Not by a small amount, but double the usual amount! Can they take this back in 1 go or does it get taken gradually?

[kregrs]

Forgot to add, the HB comes straight to us as I paid my rent for the whole year so I receive the HB as payment, and the amount overpaid is £465.

[LittleMissSunshine]

I would say that if you know they are going to overpay, warn them and keep all overpaid money in special account so you cant touch it.

If they have overpaid and you still have the money, also put it separate.

 

Otherwise I would say that you should be able to come to a reasonable agreement, but I am no expert on this, so I would say either get someone elses reaction here, or just phone them up and ask

[Joa]

The Local Authority will give you a choice; you can pay back in one lump sum, or you will have it deducted from your ongoing payments.

You can ask to have the ongoing payments reduced if you present a strong argument that the level of repayments is placing your family in a financial crisis.

The HB overpayment manual here: DWP - Resource centre - Information for local authorities - Publications - Guidance and manuals - HB/CTB Overpayments Guide

Also, search this forum or google for Discretionary Housing Payments.

[Esio Trot]

After our HB was suspended, then reinstated, we've found out we're going to be overpaid. Not by a small amount, but double the usual amount! Can they take this back in 1 go or does it get taken gradually?

 

HB departments are the one of the most inefficient and error prone of all government departments - save that of the Child Support Agency.

 

Is is quite likely that you can overturn this demand for repayment. Can I suggest that you scan and paste the letter (omitting identifying details) so that we can advise you better.

 

I have taken 12 to appeal in the last 3 years and in only1 didn't get it wiped out or significantly reduced.

[kregrs]

If the LL/Letting Agency have served me with a notice to leave, giving me 3 months (I don't have a problem with that, house is being sold), do I still need to provide them with my 1 month notice? Tenancy expires on 30/6/07 and have only just managed to find somewhere to move to, so only 2 weeks left of tenancy.

[Aequitas]

If you leave before the end of the fixed term you do not need to give any notice. Just make sure your tenancy agreement does not say that it is for six months "and then from month to month" or something like that.

[moneyhelp]

It can be done.

 

I appealed, got the overpayments stopped and got a cheque of £70 back with an apology!

[kregrs]

Hope anyone can help me with this? Have just left my last property due to the tenancy coming to an end. The letting agent caried out their inspection on Monday (9/7), I had asked to be present while this was being carried out but this was refused. First question, does anyone else find this strange? Secondly, they contacted me today to let me know they are making deductions from my deposit, as yet unsure how much, but the reasons given were -

1) The house needs cleaning - My partner and I cleanded the house before I left, to what we think is an acceptable standard. They also claim the carpets need cleaning due to my having a dog.

2) The grass in back garden needs cutting - This was cut a week and a half ago, and obviously due to the recent rain it has grown again.

3) A kitchen cupboard door hinge is broken - Recently spoke to the landlord himself regarding this, who agreed and assured me he would replace the hinge and not to worry, now letting agents are claiming the landlord said no such thing, this despite me having a witness to the converstaion. The hinge broke due to the screws in the door shearing off, from advice given by CAB this could be classed as fair wear and tear.

4) some rubbish was left in alley behind house (not part of house or tenancy), which although I removed it today as I had already said I would, the letting agent claim a complaint was received about it. Now, as there is only other house that could have been affected by the rubbish (the alley runs along the back of their garden). Having spoken to the occupants of that house, they assured me they had made no such complaint, which I personally believe to be true.

 

Are any of these fair deductions?

Should I be given the opportunity to put right any of these problems?

Should I have been given the chance to be present when the house was inspected?

 

The deposit amount was £1000, and the letting agent is a fairly large regional company.

 

Before I forget, the house is not being re-let, instead it is on the market to be sold.

 

Any help will be much appreciated,

 

Thanks.

[MrShed]

- They have no obligation to let you be present - read some of my recent posts to see why.

- The only fair deductions may be the grass and the cleaning. Impossible to say if these are fair without seeing the condition of the property.

- No, you have no entitlement to put right these problems, nor should the landlord give you that opportunity - it can lead to all sorts of problems.

 

Did you sign an inventory upon entering the property?

[kregrs]

Yes, did sign an inventory at the beginning. If I was to access the back garden and cut the grass myself, would this be likely to cause any problems?

[kregrs]

Regarding the cleaning, this is something they do to all their properties at the end of tenancy as a matter of course, regardless if it needs doing or not. The only part of cleaning we didn't do was touch the mould growing in the corners on the walls, and the exterior glass.

[MrShed]

Was the mould present when you moved in? Was it marked on the inventory if so? And yes for gods sake do NOT trespass on the back garden!! Was the exterior glass cleaned during the tenancy?

[kregrs]

No, mould not marked on inventory, but mildew damaged was mentioned on windowsills etc.

[MrShed]

What about exterior glass? The mould you are probably responsible for. As I say, unfortunately it is difficult to give a judgement on whether the deductions are reasonable or not without seeing the property. What I can say is that your points 3 and 4 are definitely not fair. 3 as it seems to be fair wear and tear, and 4 as they have incurred no financial loss - whether they had a complaint or not is immaterial.

[kregrs]

Right, after speaking to the letting agents, have agreed that £30 for cutting the grass and replacing the screw in the cupboard door is reasonable. I'm still waiting for the deposit to be returned though, was told last week that the landlord wished to view the property before he released the deposit, this week I was told that the landlord was out of the country until next Wednesday!

 

I had a quick read through the tenancy, and have a quick query. It states in the tenancy that no deductions shall be made from the deposit until I have been informed in writing. I'm still waiting for this letter but the work has already been done, so would I be right in thinking that the deductions have, in theory, already been made?