Help can't pay this months rent.

[ciderbubbles]

Hi can anyone help me here, I am in a rented property (private thourgh letting agent) I have split up with partner over the weekend and can not pay rent due today. I have given notice to landlord today to quit on advice of local housing association, and send i will try get get rent together, beg borrow or steel! (lol) just had text from letting agent the landlord wants the rent tomorrow morning! What are my rights I thought you had to be more than a day in arrears before they can start making demands on you! Please can anyone help I'm and my witts end and feel lost. Jackie:sad:

[Dragons Dennis]

If you haven't got the rent, you haven't got the rent. It is that simple. So, first of all STOP stressing yourself out.

 

You have done the right and decent thing by telling the agency. I want a million pounds, but won't be getting it and the same goes for your landlord. He may well want, but he cannot have if you haven;t got it.

 

The landlord can simply write and tell you that you are in arrears, once you actually are. He cannot pop around, phone demainding immediate payment or anything else. Only if you were 2 months in arrears could he start any kind of legal application to have you evicted. Even then, if you don't have it, you don't have it.

 

What the landlord cannot do is harrass you or lock you out etc. he also cannot advertise your flat with a view to showing people around whilst you still live there either. he can advertise it yes, but show people around no, unless you agreed to that.

 

The worst case scenario jackie is that your landlord harrasses you, in which case you politely tell him that any further harrassment will be reported to the authorities. Keep calm and polite. If you actually got locked out, you simply call the council housing office and tell them. they will get you back in VERY quickly!

 

Number one is stop worrying yourself. these things happen. I can assure you that if you knew what was going on in my siorry life just now, you would realise that a day late with rent is nothing to worry about. honestly.

 

OK, your actual rights. Well, you must pay your rent. You cannot so you now do the next best thing. You serve notice which you have also done. Now, the landlord already has a deposit equal to or more than a months rent I presume, so you can tell him that he can keep the deposit when you leave in a month. As long as you haven't trashed the place, there is no further problem really. Don't expect a reference. Do expect all sorts of claims for damage etc, so before you leave, clean the place thoroughly and take LOTS of photos. Get neighbours and friends to wiotness how you leave the place.

 

In the meantime keep cool. Tell the agency in writing that as regretable as the situation is, you cannot pay so you will leave at the end of the month as already said. If they continue along the lines of 'you muts pay NOW!', simply tell them that you cannot and if they wish to persue it further they should do so in writing.

[ciderbubbles]

Oh what a day,woken by lettings agent demanding payment by 12 or out by 4pm. Sent email explaing he couldn't do that, that we be an illegal eviction! Apparently I don't know what I am talking about! So now sat here waiting for the landlord, finger poised to call the police, then local paper, think they might like single mother with terminal illness takes on the letting agent! Have also dound out today the deposit i paid is not in the scheme he claims it is!! Thanks so much Dragons Dennis for your help was really appreciated!

[Dragons Dennis]

Hey Jackie. I feel for you. Don't let them worry you.

 

Call the council housing office NOW and tell them what you just put here. They will phone the agent and tell them exactly where they stand.

 

I really am amazed that a letting agent can be so ignorant as to believe the term 'pay by noon or you are out at 4pm' is legal in England. I would suggest you change the front door yale lock immediately too so you can be 100% certain that nobody (agent or landlord) can just let themselves in.

 

If the agent or landlord just turns up, call the police on 999. I was not aware of your illness when I replied yesterday. This is particularly raw with me as my mother is dying from cancer and if anyone harrasses her I would..... well I had better not say.

 

This is outrageous. The important thing is that you do have rights. They CANNOT just throw you out. It is a serious criminal offence if they try. If they want you out they MUST go to court and that would take several months. If you choose to leave in the meantime, that is of course your right too. But they cannot make silly demands like the one you quote.

 

Good news about the deposit then.You can sue him for 3 x the deposit, so all will be well that ends well!

[Dragons Dennis]

Just a few things so I know where you are with all this. Are you renting a room or a flat/house? When did you move in? Have you applied for housing benefit/council tax benefit? (Sounds like you might be entitled to both). Did you sign/get an AST agreement?

[ciderbubbles]

The Letting agent has said strictly no housing benefit, even when I explained the situation to him (heart of ice), I have been in the house a 16 months, rent paid bang on time each month, I have had 3 monthly inspections from the letting agent, which have always been good, the house is now in better condition than when I moved in. Not sure what an AST is sorry, this was the first house I have rented and was and am possibly a bit naive about it all. The letting agents didn't turn up at 4 but the property owners did as the letting agent had sent them to collect keys, after I threatened to call the police they left. I have had phonecalls the last 48 hours on the hour more or less harassing for the rent. The last on threatening to take money from guarantors credit card. I never had a guarantor! My friend paid agents fees on her credit card for me when I moved in, letting agent says she acted as guarantor, even though he has no paperwork to back this up (confirmed by his office manager) as my friend signed nothing or wasn't even approached about being a guarantor!! Unfortunately my local council hasn't go a tenancy relations officer,but someone from the housing department spoke to the letting agent, he told them it was nothing to do with them and he do as he wishes! He will not deal with me in writing but has left threatening voicemails including the one about the guarantor with i have transferred to my mp3 player. wonder what today will bring!

[Dragons Dennis]

AST is Shorthold Tenancy Agreement. Basically the agreement/contract you signed when you moved in. Normally 6 month or 12 months is usual. unless you signed a new contract, then it will now be a rolling monthly contract where you need to serve them 1 month notice and likewise for them.

 

Telephone calls on the hour? Definite harrassment and I would be repotrting this to the police immedialetly. NOT 999, just ring the local police number and tell them you wish to report harrassment.

 

Housing benefit is not a choice for the landlord or agent once you have moved in. They usually stipulate this to ensure they have decent working people in the property, which you are. Circumstamces change and they cannot evict you for being on housing benefit. Apply for it immediately if you cannot afford the rent.

 

I would go to the council and speak to a housing officer about what has happened. Explain that you are ill and very frightened. they MUST assist you, even if that simply means a member of the housing team calling your landlord about the harrassment.

 

Unless you friend signed an agreement to be a guarantor, there is nothing they can do. If they illegally retained their credit card number and now use it to get monies they will commit fraud. The payment can and would be reversed if they do so. As a precaution I would call your friend and suggest they cancel that card if it hasn't been replaced since you moved in.

 

DO NOT be bullied or intimdated. You are doing the right thing so far. You threatened to call the police and it worked. Why? because the law is there to protect you! Well done. I am proud of you.

 

Next thing is to talk with the police about the harrassment. They will contact your landlord, probably by a personal visit. Make sure you tell the police you are ill, vulnerable and scared. They MUST assist you to protect you.

 

Feel free to ask anything on here. i am just one of many, many people reading this thread and all of us will do what we can to correctly advise you.

 

ps....

 

The agent/landlord CANNOT evict you without a court order. it is illegal to do anything else.

 

Applying for housing benefit means you have tried to cover your rent. If you are still evicted for non payment and were entitled to HB, the council would then have to house you as you will have NOT made yourself homeless. Ie, if they processed the claim quick enough, the rent would be paid and you would not be evicted.

 

The landlord CANNOT evict you because you are on HB. No court in the land will allow that.

Edited November 4, 2010 by Dragons Dennis

[Aviva]

Illegal Eviction Government Booklet.doc

 

This booklet will give you more info on your rights and what the law says.

 

The advice Dragons Dennis has given has been very good. What is worrying me is you say that you gave notice to quit to your landlord based on advice from a local housing association. Can you say more about this? Do you want to move? Are you able to look for somewhere else? Are you on the waiting list for a social housing property?