Problems with lease

[Ms Fi]

Ok - I moved into the flat in April of last year on a 6 month shorthold assured tenancy. I rent from the owner of the shop downstairs who in turn rents the shop and flat from a further landlord - I'm informed he's a solicitor.

My lease ran out in October and wasn't renewed. I ran into some rent issues over christmas - had my bag stolen and had to put a halt on my account - which left one rent payment 10 days late. I was informed that I was going to be evicted through non-payment of rent. My mum provided a reference for me and my landlord called her requesting the rent money and really upset her with tales of eviction and homelessness. I don't have a good relationship with my landlord, I informed her in November that my girlfriend would be moving in with us and she told me we 'weren't the sort of tenants she wanted anymore' as she 'doesn't hold with that kind of disgusting behaviour'. I'm presuming she meant the fact that I'm female with a girlfriend.

Anyway, I'm on full HB and when I was reading my old contract in January I discovered that my contract states a certain figure to be paid pcm but she gave me payment dates every 4 weeks! Explains why my HB doesn't quite cover the rent! I've not paid the excess since I found this out and informed her in writing why I wouldn't be paying - all I got from that was a mouthful of disgusting abuse in the street in front of my daughters

The contract states that I gave a £350 deposit (which I didn't) and has been signed by both myself and the landlord. There is also supposed to be an inventory attached but that was never taken.

I'm really not comfortable staying here and am worried that she's going to use the lack of 'top up' rent money from me to start court proceedings. With my credit history I'll never get anywhere else to live and we can't move in with my parents as they simply don't have the room.

I'm sure there's far too much info in this post but I wanted to make sure I didn't miss anything out. The flat is horrendous with horrible damp problems, a leaking bath, no heating in one of the bedrooms and a gas boiler that some years ago the landlord chose to have condemned rather than repair but despite all of that it's all I can find and I need to stay here.

Cheers

[Joa]

which left one rent payment 10 days late. I was informed that I was going to be evicted through non-payment of rent.

The eviction procedure applies when the rent arrears reach 2 months (or two rent periods)

she told me we 'weren't the sort of tenants she wanted anymore' as she 'doesn't hold with that kind of disgusting behaviour'. I'm presuming she meant the fact that I'm female with a girlfriend.

I presume you are aware that discrimination on grounds of sexual orientation is a criminal offence - if you are gathering sticks to beat her with, ake a detailed note about this fact. Also, possible breach of your right to "quiet enjoyment"

payment dates every 4 weeks! Explains why my HB doesn't quite cover the rent!

I am not sure what is the issue. HB is usually paid weekly or four weekly. If your HB covers the rent 100%, then where is the shortfall coming from. If the HB covers only "eligible rent" (which an average local rent for your particular property and circumstances) and you are responsible to top it up, then it is possible for the shortfall to arise. Check your HB letter/calculation or call your HB office.

I've not paid the excess since I found this out and informed her in writing why I wouldn't be paying

And what is the reason? You cannot withhold your rent- there are very few and far between situations where law would be on your side on this one.
If you are struggling, search this site or google the web for Discretionary Housing Payments.

The flat is horrendous with horrible damp problems, a leaking bath, no heating in one of the bedrooms and a gas boiler that some years ago the landlord chose to have condemned rather than repair but despite all of that it's all I can find and I need to stay here.

All kind or alarm bells going off!
No, you don't! Please make an appointment with your Local Authority Tenancy Relations Officer or Homeless Persons Unit. Conditions as described should oblige LA to act; see Shelter: Homelessness

Got to go now but I am sure there will be lots of other helpful posters who can offer advice and correct me on any points.

[Ms Fi]

Re the rent - the lease states £350 pcm (my housing benefit is £323.08 which is £350 x 12 /13 - a four weekly payment period) yet the payment dates my landlord gave me are £350 every 4 weeks! She's trying to get an extra £350 a year out of me.

Will be back tomorrow with more comments - have to crash as have early appointments tomorrow.

[Nightmare4banks]

Ms.Fi in reply to your post and in my view:

1.I reviewed the figures that you have posted and I am very pleased to say that you should not have any rent shortfall.

2.If your landlord/landlady are trying to get more money out of you to be perfectly blunt with you they are taking you for a ride.

3.To elaborate further regarding the amounts in Housing Benefit you receive

and the amount you owe,please look at the following calculation:

Rent Charged Per Annum = Monthly Rent X 12

= £350 X 12

= £4200

Rent Received from Housing Benefit = 4 Weekly Payment X No. of 4 Weeks in one year = £323.08 x 13

= £4200.04

The extra 4 pence is deducted and you would have one 4 weekly payment of £323.04.

So,you see that you do not owe the owners one brass farthing!

Feel free to use this calculation in your dealings with them.

4.Regarding the other issues as Joa stated you should see your local council private tenant's officer to deal with the disrepair and to compel the owners to do something about it.

5.The discrimination is obviously illegal but to be honest with your complaint to the council would not go very far to say that you were discriminated on the grounds of your sexual orientation because you have already been housed if this makes any sense.However,it could be classed as a form of harassment or breaching your "covenant of the quiet enjoyment of the property" which further down the line could assist you in getting damages from the owners should you desire to go down that route in the future.
The matter would be totally different if this was mentioned in a social housing scenario i.e.council or housing association/trust.The Human Rights laws would apply and you would have redress through the courts under this legislation.Your landlord/lady are not acting in the capacity of a council or housing association/trust and therefore the Human Rights laws do not apply.

Anyway,I hope you find this information useful.

If you have any more questions,just ask.

Keep us posted.

All the best!

[rajeshk4u]

Personally, I would look at moving out as this place seems like a dump. You will have to hunt around for a good estate agent (I don't mean the high street ones, but perhaps your local independent ones which deal with DSS). Explain you got no deposit and on DSS. Can they do anything for you?. You might get lucky!?

I agree your housing benefit is paying 100% of your rent. I got a figure of £80.75 per week.

[Ms Fi]

I've tried everywhere, literally everywhere, every week since I moved in but there's nothing around. Have asked the council for help and they don't have any private landlords that they deal with. Housing associations aren't able to help as they don't have any vacancies.

Got a letter today (she never talks to me anymore just posts letters through the door) stating there's a new contract on it's way and the rent has gone up but she hasn't said how much. She's also mentioned about how they've been made aware that my girlfriend moved in - well, yes I told them that! - and she's made out that's it's going to be a big problem.

To be honest I'm now at the stage where I'd love notice to quit, at least then the council have to help me, getting fed up with people telling me there's nothing they can do while I've got somewhere to live.

So fed up and just want somewhere clean and dry to live. Preferably where the lease doesn't state

"The landlord may re-enter the premises and terminate the tenancy if : (a) any of the rent of any other money due by the tenant to the landlord are not paid for a period of 14 days from the date on which they are due (whether formally demanded).

and

"to clean the windows internally at least once every four weeks".

[demon_x_slash]

Originally Posted by Ms Fi

"The landlord may re-enter the premises and terminate the tenancy if : (a) any of the rent of any other money due by the tenant to the landlord are not paid for a period of 14 days from the date on which they are due (whether formally demanded).

I've always had that clause in my current tenancy. I consider it a completely unenforceable term and so don't deign to notice it.

[Aequitas]

Whilst it is true that a landlord cannot evict a tenant in occupation without a court order, a re-entry clause can be relied on if the tenant has abandoned the premises. That is why it is always included in a tenancy agreement. It is also needed as a ground to apply to the court for eviction during a fixed term.