Im currently in a bit of a pickle with my new landlord/landlords...and im starting to think i might have chosen a rogue one at best.

Without giving out to much information we moved in last month and made the landlord well aware we were on dss and that payment would move from our last landlord (happy all the way through might i add) to the new landlord from the date the first payment is due.

Now anyone that takes on someone claiming dss knows there is a 4 week period of arrears and that's where the fun begins. I have had nothing but hounding and been threatened with police and legal action and been pushed every week for payment. Fair enough we had a problem sorting the first months deposit (150) so far but that shouldnt take long.

My first question is i have now been passed onto a brother of the landlord who claims to have equal posession in the property yet his name is stated nowhere in the contract and nowhere in the contract does it state that anything i say or agree with this person is actually bindable.

Im thinking of continuing to contact the person stated in the contract regardless of any unwritten agreement with his family as it seems a bit dodgy.

I've even been in touch with the police to ask them at what point they would become involved to stop us feeling threatened by our landlord. We are doing all that we can and have already had the benefits office and sheffield council talk with him.

It gets worse when i mention payments made to my landlords account are going missing and i have no way of finding out if he pocketed it or not.

I have a 7 week old baby girl, a scared partner and im looking for help from anyone that might have been through this kind of situation.

Thanks all and sorry if the post is a bit adhoc

What does it say in your contract regarding rent? Is the rent based solely on just the housing benefit and no contribution of your own? If your contract says rent 4 weeks in arrears then fair enough but if not then you are in arrears and have not stuck to what you signed up for. The housing benefit has an annoying habit of deducting 'normal recovery', which is nothing to do with the landlord, what arrangement is place for the arrears it causes?

The housing benefit office is really slow at times and can cause frustration for landlords and put tenants in an awkward position, get on their back and get things sorted with them.

By law, all tenancy agreements have to have the rent due dates, written in somewhere. If the rent is not paid by those dates you are in rent arrears. Whether or not you pay , or DSS pays makes no differance, Either the landlord has recieved it, or he hasn`t. Rent arrears can be used against you if the landlord wants the property back.From the point of view of law, if you are 2 months in rent arrears, and the court is used, then the judge will have to find in favour of the landlord. Its your responsibility to make sure the landlord gets his rent on time, even if you are not working.

oh dear! im sorry but most private landlords are not happy with a tenant paying in arrears - particularly if there is a low bond paid. It seems there was some confusion when you signed up. Its your responsibility to make sure your rent is paid - not the housing benefit dept. Does your HB (or local housing allowance as its also known as) actually cover the rent? Is there any shortfall? Your landlord has no right whatsoever to harrass you, neither does his brother, no matter what arrears you are in. If you feel threatened - call the police immediately. You may wish to contact Shelter or the CAB for advice.
The main things to watch for is a S21 notice (the 2 months notice) but this has to be served correctly and more importantly, at the right time for it to be effective. If you paid a deposit/bond and it hasnt been protected and you took the tenancy after April 07 then any S21 notice will be invalid. You can also claim for return of the deposit plus 3x compensation at county court. An application will cost you £35.
If you are over 8 weeks arrears youre in trouble as your landlord can serve a ground 8 notice and be pretty much guaranteed possession at court if your arrears are still 8 weeks at court.
I wouldnt say you have a "questionable" tenancy agreement and im 99% sure that if you read it correctly it will say your monthly rental is due on the date you took the tenancy. As i said your landlord has no right to threaten or intimidate you and can only evict you with a court order and subsequent warrant for a baliffs appointment. Really, i think you should have paid a month in advance and its not compatible with the housing benefit regs - if you are in reciept of JSA or a passported benefit, contact the jobcentre and ask about a budgeting loan to pay your landlord a month in advance and get him off your back. You could also think about contacting a credit union for a low cost loan or maybe agree to pay your landlord in addition to the HB to catch up so youre not in arrears.

Sheffield City Council Private rented advice 0114 2735876

Try this

http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm

Housing Aid at the council are excellent too and can help private rented tenants on 273 5450

There appears to be some confusion somewhere along the lines...

if you have moved home recently, which it appears you have, then you will no longer be receiving housing benefits, you will be receiving local housing allowance (LHA).

The council do not transfer the payments from landlord to landlord. It is actually very difficult to get the allowance paid directly to a landlord in the first place! Unless you are considered vulnerable (drug dependant etc) it generally goes directly to the tenant.

I'm guessing you assumed that your housing benefits would simply swap to the new landlord and your landlord thought the same? This does not happen so you need to call Howden House asap.Sounds rather dodgy.

The brother has no right to come round and intimidate you regardless if he is an owner of the house. If he claims to own/part owne it then whoever rented the house out are at fault for not having the relvant consent to let signatories.

Ring Shelter and the council for advice.

Dont let this worry you too much. Concentrate on your child and partner, they will need you.

Tenants have too many rights so you wont be made homeless (I say that regretfully as a landlord!)