Housing Benefit miscalculation has made me homeless - eviction due

[goffy123]

Hi, i wonder if anyone can shed some light on my problem or may have any advice for me.

 

I will try to keep it short as poss............

 

In june 09 i was told by housing benefit that my rent calculation was wrong. I had been overpaid 4500 pounds. they could not claim it back as it was their mistake. This resulted in my housing benefit being reduced and i had to find around 250 per month rent top-up instead of 75. I borrowed 175 from my mother until december 09 but she could no longer afford to help me. I did appeal the hb calculation but there was no change.

 

I told my landlord in december 09 that i could not afford to live here any longer. he issued me with a section 21 notice. I did not have any arrears on my rent and my tenancy was not due to expire until 24th march 10.

 

then out of the blue on the last day of march i get a letter from hb saying they had underpaid me 2500 pounds and my rent had been increased to the original amount. I could now afford the rent again!! But by this time I had received a possession order and now I'm waiting for an eviction date. my possession order is for the 31st may 10 and my landlord has already got the papers to apply for a eviction warrant . Can anyone tell me how much time I am likely to have left here??

 

the mistake by the hb department at rochford district council have caused me to be homeless and now i face being put somewhere temporary, all of this upset has not been my fault what so ever. Me and my children have lived here for 3 years, they are all settled in school and this is going to upset all of us, its a disgrace!

 

PS. If anyone knows a landlord that will accept a housing benefit tenant in the rayleigh area please get in touch also.

thanks louise

 

[ploddertom]

I know nothing at all about this.

 

Is it not possible you can speak to your Landlord and come to an arrangement. After all you did speak when the problem occurred. Is it possible you can appeal the eviction notice. Does your Council/CAB have a Welfare Rights Adviser? Have you also tried contacting your local Councillor?

 

PT

[seanamarts]

Rochford District Council's benefits and revenues department seem to be making a number of these sort of mistakes. Some one seriously needs to get that department sorted out, as no one there seems to know their job.

 

I can only suggest that you visit your housing department and seek help there. You could approach your landlord again who seems reasonable enough and get him to stop the eviction notice. you could also have a word with these people who are situated in the southend area, who maybe able to help you out with some advice.

H.A.R.P. - Homeless Action Resource Project

please keep us updated of your situation.

[ErikaPNP]

Have you tried Shelter? They are very good with housing issues.

 

In regard to the benefit situation, I would suggest you lodge an official complaint with the council for maladministration of your benefit claim, the result of which has been of detriment to you. They can claim back an overpayment when they made an error if "the claimant could reasonably be expected to know they were being overpaid". Couple of questions:

 

Could you have reasonably been expected to know that you were being overpaid?

 

When you appealed, did the appeal just go through the council, or did it go to the tribunals service?

 

What was the reason for your appeal being refused?

 

On what grounds is your landlord evicting you?

[Yoshiro]

Have you tried Shelter? They are very good with housing issues.

 

In regard to the benefit situation, I would suggest you lodge an official complaint with the council for maladministration of your benefit claim, the result of which has been of detriment to you. They can claim back an overpayment when they made an error if "the claimant could reasonably be expected to know they were being overpaid". Couple of questions:

 

Could you have reasonably been expected to know that you were being overpaid?

 

When you appealed, did the appeal just go through the council, or did it go to the tribunals service?

 

What was the reason for your appeal being refused?

 

On what grounds is your landlord evicting you?

 

With regards to the overpayment it does say in the original post that they werent claiming the overpayment back, all they did was re-assess it to a different amount, which was obviously wrong, but it says they admitted it was their fault (which is amazing for a HB department!).

[goffy123]

Hi Everyone!, Thanks for all your replies. in answer to some of the questions ......

 

The appeal only went to the council. No further. When I moved in here in march 07 the hb was 207 per week and it continued to stay that way until june 09. Over two years!!! In june 09 I got the letter to say I had been overpaid 4500 and that my hb was to drop by 37 per week to 170 per week.

 

it took rochford hb department from june 09 until end march 10 (10months) to then say they had calculated it wrong again and that was when the hb went back to the original amount of 207 per week. I could in no way have reasonably been expected to know that I was being overpaid.

 

Yes I have visited my local MP Mark Francois, who has thankfully seen what this is doing to me and my family. He has sent a letter to Paul Warren, Chief Exec of Rochford Council. That letter has now been passed to Jeremy Bourne, head of community services "and a full response will be sent in due course". Which will probably be too late for us.

 

I have taken all my hb calculations paperwork from the last year to my solicitor, she was shocked how rochford council hb dept. could have such different decisions in my hb. She has asked for 'clarification' from hb at rochford council. Still waiting for a reply from 3 weeks ago. I’m also paying council tax, only 12 per month but apparently I should not have been paying that either!

 

I applied for housing to rochford housing department January 10. They have informed me that we would only be housed in temporary accommodation. It could be anywhere from basildon to southend to canvey. Why should my children have to move schools & colleges, we are all settled here and have been for the last 3 years!!

Also the housing will only get involved when i was within 28 days of being homeless, and that they may not house my daughter as she is 20. nice! it seems after their mistake in all this they are also prepared to pull apart my family too. My daughter is not ready to leave home and why should she!!

 

 

Barrette property management manages this property on behalf of my landlord.............

I told them in December 09' that I couldnt afford the rent any longer, I got a section 21 notice within 2 weeks of telling them. ( At this point i didnt know i could get discretionary housing payments) But as soon as I did find out I applied and I was accepted. I could make the rent in full from january and did so. i have no arrears.

 

..........my tenancy ran out on 24th march and they waited for that date to pass to get the possession order.

 

I have asked them if they will let me stay here and so has Kate Brophy at the housing department, especially as I can now afford the rent again but to no avail. .apparently the landlord wants to sell the house now.

 

I’m seriously thinking of going to the local newspapers about this. We are being kicked out all because of rochford housing benefit department. We will be put in some other area we don’t want to be. God knows what type of housing we will have to endure. This is upsetting all of us and to be honest waking up most nights with sheer worry and stress is starting to take its toll on me.

 

i will contact harp today - thanks, louise

Edited May 26, 2010 by goffy123

[goffy123]

today the 26th may - I have just received an email from Kate Brophy at the housing department at rayleigh council......im in bits........ b & b accomadation.........

 

Good morning.

There is no hearing required for the issues of a warrant, Landlord has to apply to Court after expiry of possession order. You can request a stay of execution of the warrant, the information regarding this will be on the warrant. Effectively you can make an application to the Court the week before the execution date of the warrant, for a stay, giving reasons for request. There is a fee of £35.00, and applications are not always successful.

 

You will need to come in to make a homeless application - (I thought I made one in January?) in the event that alternative accommodation is not available to you. Once the application is made interim accommodation can be booked usually bed and breakfast in either Westcliff-on-Sea or Southend-on-Sea, and arrangements made for removals and storage of your property.If alternative temporary accommodation is available you may be nominated for that, but at present there is no availability.

Could you advice me of a convenient date and time for an appointment.

Regards Kate

[loopinlouie]

Goffy, I feel for you. Have you been to shelter yet?

[goffy123]

have rang both H.A.R.P and shelter, although they understand my situation and the circumstances which has caused it, they both said that I will be housed buy the council as they have said, even if it is in b & b.

 

also, have i got a case to take rochford district council to court? for getting me evicted, for all this upset, stress, moving my kids into different areas, schools, I dont even drive so how do I get my youngest to school in Rayleigh?........the list of inconvienience is endless, I could go on forever...........

[seanamarts]

Sweetie I am so so sorry to hear this. Below are some links to 3 & 4 bedroom houses to let. I understand that you may be unable to afford to move and the costs of moving can be very high, but find out from the council if they do a 'deposit scheme' where they will guarantee a deposit on a property. Under the circumstances they should do this with out hesitation. If you are on any benefits you may be entitled to a grant to help you with moving expenses and the first months rent. Its worth looking into. I hope this helps.

 

Rayleigh houses. Find 4 bedroom houses to rent in Rayleigh, Essex

4 bedroom detached house to rent in Rawreth Lane, Rayleigh, SS6, SS6

[seanamarts]

Sweetie I am so so sorry to hear this. Below are some links to 3 & 4 bedroom houses to let. I understand that you may be unable to afford to move and the costs of moving can be very high, but find out from the council if they do a 'deposit scheme' where they will guarantee a deposit on a property. Under the circumstances they should do this with out hesitation. If you are on any benefits you may be entitled to a grant to help you with moving expenses and the first months rent. Its worth looking into. I hope this helps.

 

Rayleigh houses. Find 4 bedroom houses to rent in Rayleigh, Essex

4 bedroom detached house to rent in Rawreth Lane, Rayleigh, SS6, SS6

 

sorry forgot this link

Rayleigh houses. Find 3 bedroom houses to rent in Rayleigh, Essex

 

if i come across any more i will add them

[Zamzara]

How about explaining to the landlord what has happened and agreeing to pay all his court costs? You could then claim these back from the council.

 

You may have a case for compensation if you are evicted, but it may be fairly small due to your limited security of tenure anyway.

[goffy123]

I got charged 150.00 for the possession hearing and have been told by the court to pay 10 pounds per month to him, which I am doing. I did send him a letter but had no reply.

 

Will I get charged again for the eviction warrant?

[ErikaPNP]

Ok let me get one thing right here. When they reduced your housing benefit, was this just reduced to the figure that they say it should have been, or was there an additional deduction made for the arrears they say you owed? If you don't know, check. But check quick because the absolute time limit for an appeal on this is 13 months from the date of the change. You don't have much time left if that is the case.

 

In regard to the miscalculations, I would most definately make a complaint in regard to maladministration, but it appears this is what your MP is doing?

 

I would not leave it at that. If you do not get a satisfactory response to the complaint, take it further up the line and keep taking it further until you either get a satisfactory response, or can go no further with it.

 

What appears to have happened is that either you were not overpaid in the first place, as the sums of housing benefit then and now are exactly the same. Try to find out if this is the case.

 

If it is, you might well have a case for litigation - perhaps even under article 8 of the convention. Of course, I would advise proper legal advice be sought on this prior to the commencement of any proceedings, because if a civil case is lost, the claimant (you) would be responsible for costs, and may also have to pay the costs of the respondant (the council).

 

Try to gather some more information first, and if you think you may have a case you should try to contact a solicitor who will offer a free initial consultation to confirm whether or not a case would be worth pursuing.

[ScarletPimpernel]

This sounds like a case for the Local Government Ombudsman. This won't help you at once, but they can make the council pay compensation.

 

You should make a formal complaint to the council first.

 

Have you spoken to your local councillors? When I was a local councillor I regularly used to do battle with he Housing Dept. on behalf of constituents. Council staff tend to do what's easiest for them, rather than what's best for their customers, and they try to cover their mistakes. A decent councillor can cut through their bullsh1t and sort things out.

[ploddertom]

More suggestions I'm afraid but hope they will help. As well as contacting your local Councillor I would also be inclined to try the Leader of the Council also:

 

Your Council | The Executive

 

Chairman of the Council:

 

Your Council | Chairman of the Council

 

The more the merrier and hopefully someone can help you - if nothing else it may make life unpleasant for those that made the error.

 

PT

[RaeUK]

Hi goffy, my heart goes out to you and I wish you all the very best. You appear to have been placed into quite an isidious position by the council which will result in losing your home - I must presume that your landlord has decided to sell, in part, due to the hassle and hadn't decided this course of action before your problems with HB?

Best wishes

Rae

[goffy123]

many thanks for all your advice. yes I have already filled in a rent deposit form, but in the section where it asks me to fill in the address of the property I would like to borrow a deposit for, i could not fill it in as i cant find one. So I wrote - I cannot find a landlord that will accept housing benefit and also i dont have a guanantor either so i do not have a property with an address i would like to moved to at this time.

Im stuck at every post.

 

ploddertom - as i said my mp has written letter to Paul Warren, Chief Exec of Rochford Council. That letter has now been passed to Jeremy Bourne, head of community services . I should have a reply by the 4th jujne.

But i think I will make an appointment with my solicitor and do as said above, make an offical complaint to the council asap & also i will contact the ombudsman.

 

Erikapnp - "Ok let me get one thing right here. When they reduced your housing benefit, was this just reduced to the figure that they say it should have been, or was there an additional deduction made for the arrears they say you owed?" yes they reduced it to what they said it should have been. I was told 4500 was to be deducted on the first page of the new calculation but on the second page it said this would not be collected. they never asked for it to be paid back.

 

kelcou -my landlord would have carried on renting without a doubt as far as I am concerned. I know it has been a hassel for him since december but i have kept up rent payments and dont owe anything.

If the lady at the council could have spoken to him directly rather than the managment company then i think she could have got him agree.

 

But Kate Brophy from the housing dept, asked the managment company to ask the landlord if I could stay. They said no and he was selling for personel reasons.

I dont believe them one bit. I think its an easy excuse for any letting agency to use in my view. You see, my managment company rented a property to me before this one. I was only there a year but all of a suuden i was told the landlord wanted to come back from abroad, then he didnt then he wanted to sell. I had no arrears and there was no trouble at all from me but my tenancy was up and i had to move out.

 

I found the house im living in with the same agent. Within a week I drove back to the old property and found it was up for rent! Lol I even made an appointment with a different letting company to go and view it even though i had moved out of it days ago hahah, while viewing i collected my mail. So it was a complete lie!!

 

thanks everyone - today I will continue to pack up my belongings , louise x

[seanamarts]

louise, Most letting agents only ask for a guarantor if you have not rented before or you are under a certain age. If you explain your circumstances to a letting agent I am sure they will understand and waiver the guarantor part, most are quite reasonable. Once you have some where to go then you can fill in the address you want the council deposit scheme to cover. Letting agents are desperate to let properties and most will take people on benefits especially people who are over the age of 25.

Good Luck

[ploddertom]

 

ploddertom - as i said my mp has written letter to Paul Warren, Chief Exec of Rochford Council. That letter has now been passed to Jeremy Bourne, head of community services . I should have a reply by the 4th jujne.

But i think I will make an appointment with my solicitor and do as said above, make an offical complaint to the council asap & also i will contact the ombudsman.

 

 

I understand that but these people are employees of the Council and are answerable to their Councillors and in particular the Council Executive (a separate entity to the Chief Executive). Essentially if the Councillors don't know what is going on then they would find it hard to take any action against those who have put you in this deplorable position.

 

PT