eviction advice

[mole]

well I've set the ball in motion,went to the M.P. today and he's informing the inland revenue of my landlords tax fraud. I will no longer be paying my (illegal) top up rent but i am now probably on the way to eviction!
can anyone help me who knows the system or has been through it themselves???i am worried about what will be done by the council to help my family. my main corcernes are my belongings and how long i willl have to stay in temporary accomodation. any advice or support would be greatly appreciated !!!
thank you

[davidjohnbutton]

As a point of interest, just how do you know for a fact that your landlord is involved or procuring a tax fraud? And irrespective of whether or not he/she is, you are still liable for any rent agreed on the property - so how do you make your rent top up (by which I assume you mean the difference between what HB/LHA alllowance you get and the contractual rent) illegal?

If I rent you a property for £100 a week and you get £90 a week HB/LHA - you owe me £10 a week difference (assuming that HB/LHA is paid to landlord) and my tax situation is nothing whatever to do with you as a tenant because for all you know, my only taxable income may be covered by allowances or deductions for repairs etc.

[justaboutsane]

http://www.landlordzone.co.uk/forums...ead.php?t=1293

david if you follow the above thread you will see that the ASt states an rent of a figure of £399 which is covered by HB but the landlord is requesting £52 top up and not putting the rest through the books!

[davidjohnbutton]

ah well, the landlord deserves all he gets then!

[MrWoof]

If your landlord serves notice, it will be under section 21. There are no grounds and so your local council are obliged to house you, what sort of place you get though is up to them. You could get a good house or you could end up in a B&B, it depends on the area. As for your landlord's top up, can you prove it? You have his word that its not going through the books but there's no way the inland revenue can trace that small an amount without evidence, do you have any receipts?

[caroline7758]

"Your local council is obliged to house you"- maybe, but not until they are sure you are facing eviction within 28 days, unless you've got a much better council than ours! Look for similar private accommodation and your Housing benefit should cover it again.

[mole]

no reciepts

unforunatleyi have no prrof which i know is hard for me to prrove the top up and she could probably say i have never paid it. this is a tricky situation i know. i just dont feel that it is fair i should kkep paying. there is disrepair to the property too .the roof leaks in the kitchen bt when enviromental health came it was sunny so they left saying that unless they could see water coming in to the property they could not help.
i dont want to be a horrible tennant i had to inform the benefits of the tennancy agreement or else face benefit fraud chages.The benifit told me to see a solicitor due to the document beind fraundulently filled in by my landlord(she backdated the agreement). i was then passed on to the mp who said that inland revenue should be informed and he said that he would do that.

[caroline7758]

You shouldn't have to prove it- your landlord should have given you receipts or a rent book. Did you get my PM? (private message)

[RichieP]

As I said in your other thread, don't pay the top up if it's not in your agreement. The landlord can't take you to court for non payment, as it doesn't exist. If she chooses to evict you by Section 21 (the only legal way she can) then you aren't making yourself intentionally homeless and the council have an obligation to help you. What the help involves depends on your particular local authority. You may have to stay in a grotyy B & B for a while, but you should get something eventually.

[islandgirl]

Hello Mole. I finally found the article in the Champion. The housing charity is called Light for Life and they held a forum in southport for private landlords on 23/11. Speakers included a rent officer, people from HB and someone talking about the deposit bond scheme. The number given for reservations for the forum (which may be the charity's number) is 01704 501256 or 01704 546314. Hope this may help you. Best wishes.