In abit of a pickle

mason09 · 23-08-2009, 20:36

Hiya
I currently rent my property, i rented it with my partner but we've now seperated and he was supposed to pay the rent but he hasn't. My landlord has said he'll accept my months in advance and my bond as the 2 months rent we owe. So i went to the council with a notice to say i was leaving and they wont accept me because the notice isn't right and he needs to give me 8 weeks..but he says i have to pay for that 8 weeks which i understand but what am i supposed to do, i can't pay it. I have a small baby and i'm having to move back to my parents house, when theres no room for us. The council just keep going on about this notice and also say they wont accept me as homeless because of it and that i also have to prove i haven't made myself homeless. Its just proper stressing me out

, i don't know what to do.
Anyone been in this situation? have any advice for me? any would be appreciated
Thank you

damo · 23-08-2009, 21:20

The landlord has to goto court to have you removed unless you agree to leave in which case technically you've made yourself homeless

it's extremely unfair but thats the way it is

rubydazzler · 23-08-2009, 22:10

Although I feel sorry for the OP's predicament, it's certainly unfair on the landlord who looks as though he's bending over backwards to help.

workfornowt · 24-08-2009, 01:40

the landlord has three routes,section 21 notice requiring possession,this is two months notice,howevere SCC homless section now require a court order,so the landlord has to go to court after the two months expire,the landlord can use a section 8 ,this requires grounds,such as rent arrears,persistant late payment of rent,breach of contract,unfortunately SCC regard these grounds as intentionally homeless,the landlords last option is accelerated possession,but hear he has to wave rights to any arrears,in all cases the landlord can ask for costs and these can be very high,solicitors usually require £500 deposit and the court costs can reach £750,SCC have a rented housing liason service,where you can get advice,they can also arbitrate for you,01142735876

strawberryri · 24-08-2009, 22:21

get one of your friends to move in and share the rent with you

_hixxy_ · 25-08-2009, 14:28

have you a proper agreement as this as happened to me all cos landlord didnt get his housing benifit cheques he changed the locks well i was away, ( he made a agreement on a computer) so was not legal... if you have a legal agreement i would just stay in the property if the landlord wants you out tell him get a eviction notice if you want me out!! THATS WHAT I WOULD DO!!....

ukstudent · 25-08-2009, 17:51

Go and see the Citizens Advice Bureau or get yourself a free initial appointment with a solicitor

retired · 25-08-2009, 20:13

Hixxy, landlords are not enemy's. You make an aggreement so stick to it, simple. Not sticking to it and getting a roof over your head without paying rent like you agreed too makes you a thief! Conning an innocent person out of money you owe them. Meanwhile some poor sod has to work hard to pay the mortgage to keep a roof over your head and you dispise them for it. It's time the law was changed and this stupid 2 months of arrears rubbish was done away with. Then time for the courts to get their act together and then the bailiffs. No wonder landlords don't want dss!

HeadingNorth · 26-08-2009, 01:43

Quote:

Originally Posted by retired

Hixxy, landlords are not enemy's. You make an aggreement so stick to it, simple. Not sticking to it and getting a roof over your head without paying rent like you agreed too makes you a thief! Conning an innocent person out of money you owe them.

If the DWP is failing to send the cheques, I'm not sure how that makes Hixxy a thief.

There are, granted, some cases where the tenant ceases to claim HB and just doesn't make any payments, leading to all manner of troubles. Worse still, there are cases where the tenant fails to inform the DWP that he no longer qualifies for benefit, and when they finally find out they reclaim their overpaid money from the landlord, not the tenant (on the grounds that it was the landlord who received it). But it doesn't appear to me that either of those cases applies to Hixxy.

retired · 26-08-2009, 20:24

Its the claimant that chooses to have the rent paid direct to the landlord. Whether the DSS sends payment or not the agreement is between the tenant and the landlord. In my case the tenant agreed to pay a monthly sum and if their benefits did not get paid for what ever reason they still owed that months rent. Just because their housing benefit did not get paid did not excuse them from paying that months rent, it still needs to be paid one way or another. If I agreed to accept housing benefit as rent then that may be another story but I never did. That was the tenants benefit not mine. As for the landlord having to pay the rent back, that's wrong as well. They pay housing benefit to the claimant to pay their rent, then an innocent third party has to pay it back while the real criminal gets off Scot free? Anyway all history now, no more dss for me, let other poor landlord who doesn't yet know any better have them, I had my belly full of the ungrateful sods.

_hixxy_ · 27-08-2009, 12:27

no hosing benifit cheques was in my name, (told housing benifit to change the name and make them payable landlord) they didnt so hence they sent me cheques which then i put into my bank to cash them. then once they where cleared i went round to landlords house gave him rent in cash. i can prove every payment was cashed and was taken out. i have a eye witness who can back me up that i paided every penny of the cheques to the landlord. i didnt get any recipes off the landlord, hence he can tell the housing benifit that i didnt pay, anyway he changed the locks when i was away visiting friends at weekend, this should of never of happened and this is the wrong way about doing things, if he wanted me out and me gf and kid he should of asked and got a country court eviction notice and handed it to us,....

Phylis · 27-08-2009, 13:07

Try writing a letter to the landlord explaing your circumstances, but please try and leave the text speak out of it. Good english counts for a lot.

retired · 27-08-2009, 21:29

Quote:

Originally Posted by _hixxy_

have you a proper agreement as this as happened to me all cos landlord didnt get his housing benifit cheques he changed the locks well i was away, ( he made a agreement on a computer) so was not legal... if you have a legal agreement i would just stay in the property if the landlord wants you out tell him get a eviction notice if you want me out!! THATS WHAT I WOULD DO!!....

Well, there's ways of going about things, but if you are in the wrong (not saying that you are) and you get legally evicted then you have pretty well shot yourself in the foot if you want a private rental ever again. On top of that there is the ccj you may get and a record with the relevant credit agencies. You could end up winning a battle but losing the war!

Not the way forward.

The problem I had was sheer ignorance mostly. Most finished up a Council Estate and a couple of them asked for forgivness and another chance. But once bitten twice shy I say.