Tenant requires urgent help

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  • Tenant requires urgent help

    Me and my partner had a six month tenancy.

    We split and he agreed that i could have a new one in my name only which my landlady agreed to and gave me.

    I advised her that my rent would be paid thereonin by Housing Benefit and that it could take a few weeks. She agreed to this.

    I told her I would pay what I could in the meantime, and on the 25th February when the rent was due, I paid half of it.
    Landlady has now contacted me to say, that what i paid only covers me till the end of this week and if she doesnt get the rest she will be reletting the property,

    I have nowhere to go, and council are going to be approx another four weeks sorting out my benefit - can anyone please give me any advice on how to handle this situation. I am unable to pay her any more money myself as I have less than £100 a week to live and pay bills!

  • #2
    Originally posted by chubster1908 View Post
    Me and my partner had a six month tenancy.

    We split and he agreed that i could have a new one in my name only which my landlady agreed to and gave me.

    I advised her that my rent would be paid thereonin by Housing Benefit and that it could take a few weeks. She agreed to this.

    I told her I would pay what I could in the meantime, and on the 25th February when the rent was due, I paid half of it.
    Landlady has now contacted me to say, that what i paid only covers me till the end of this week and if she doesnt get the rest she will be reletting the property,

    I have nowhere to go, and council are going to be approx another four weeks sorting out my benefit - can anyone please give me any advice on how to handle this situation. I am unable to pay her any more money myself as I have less than £100 a week to live and pay bills!
    Don't worry - your LL cannot do this - it would be illegal eviction.

    Unless you owe at least two full months' rent, she cannot legally require you to leave before the end of the first six months of any AST. If she has only just issued you with a new one, then you can stay there for the full fixed term, (usually 6 or 12 months) as long as you pay the rent or it is paid for you by the council.

    Even if you do owe two months' worth, (which entitles her to issue a section 8, ground 8 notice to evict you), by the time the court hearing comes around, the council will presumably have paid you/her and the arrears if any will be brought down to less than 8 weeks'/2 months' worth? In which case, she will not be granted a possession order automatically, in fact, her application for one will be likely to fail.

    If you would like help drafting a letter to her to explain your situation and why she should not threaten you with eviction, please send me a private message and I will try to help.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Does this mean, she would not be allowed to change the locks on me??

      I dont actually owe her anything until after this weekend - then the arrears will start clocking up

      That is my worry

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      • #4
        Originally posted by chubster1908 View Post
        Does this mean, she would not be allowed to change the locks on me??

        I dont actually owe her anything until after this weekend - then the arrears will start clocking up

        That is my worry
        No, absolutely not - unless she is resident in the same property as you? Is she?

        I was assuming you had an AST in a house where just you and your partner lived.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          No she is not a resident landlord - i live here on my own now.

          So if she gained access while i was out, and changed the locks, would I have a right to go back in?

          Comment


          • #6
            Originally posted by chubster1908 View Post
            No she is not a resident landlord - i live here on my own now.

            So if she gained access while i was out, and changed the locks, would I have a right to go back in?
            If she gains access without your permission and changes the locks to prevent you getting into your own home, she is committing an offence.

            I will reply to your pm in a little while I've had my tea and we can get a letter sorted to stop her harassing you. Don't worry. She is way out of order.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              Thank you so much - really appreciate this

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              • #8
                I sympathize with your situation and i am sure MTG will be able to help. But i would say from reading your post it looks like you and your ex partner have tried to call the shots and dictate the terms.

                "he agreed that" "I advised her" "I told her I would pay what I could"

                Now that may or may not be the case but that was my first impression and if the landlord doesnt understand how the housing benefit system works that may explain her actions.

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                • #9
                  I have had to use housing benefit in the past, so I explained in great detail that it could take up to 6 - 8 weeks.

                  I wrote my original request out rather hurriedly, and none of it was done in a dictating manner. Me and my ex both sat down with my landlady and told her our situation and we came to this agreement mutually.

                  Unfortunately my landladys situation changed in the meantime, and she now needs the money.

                  Originally posted by johnboy View Post
                  I sympathize with your situation and i am sure MTG will be able to help. But i would say from reading your post it looks like you and your ex partner have tried to call the shots and dictate the terms.

                  "he agreed that" "I advised her" "I told her I would pay what I could"

                  Now that may or may not be the case but that was my first impression and if the landlord doesnt understand how the housing benefit system works that may explain her actions.

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                  • #10
                    If she changes the locks on you you can sue her and it has been known for Tenants to be awarded 50% of the market value of the property! Let her know this... may make her think twice!

                    If you google Illegal Eviction you will find more information.
                    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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                    • #11
                      Agree with MTG that LL cannot take this action. It might be worth contacting a solicitor to warn LL against illegal eviction. If you are in receipt of housing benefit you may be eligible for Legal Aid for this work.

                      If you have a new AST then you are entitled to remain there for the fixed period of the tenancy. If there is not written agreement, and just an oral agreement then that period is likely to be 6 months.

                      LL can serve a section 8 notice on you, however at present the only grounds are discretionary - this means that if the LL brought court proceedings then it is up to the judge whether to evict, and in reality by the time of the hearing your HB will be sorted and a balancing payment sent to LL - meaning that LL is unlikely to get possession.
                      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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                      • #12
                        It is my understanding that if you have applied for HB which is now LHA, you should receive a partial payment within 2 weeks.

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