Rent arrears

[Marco73]

Hi everyone

 

I moved into a private rented property on 24th Sept 2012. I am on JSA and so I get housing benefit although I have to pay a top up of £10 a week .

The landlord that I rent from offers a "No deposit" and "No rent in advance" gimmick which was ideal for me as i was homeless at the time and didn't have a pot to piste in.

Many of the tenants who rent from this landlord are on benefits and so I assume were in my position at some point.

My weekly rent is £96.54; of which £86.54 is housing benefit.

On signing the agreement, I queried the "Rent is £96.54 per week payable in advance" and the landlord understood that Housing Benefit was paid in arrears.

I received my first payment of HB on 19th October 2012 which was for 4 weeks rent.

LL sent me a letter on 23rd January 2013 saying I was £579.24 in arrears.

I immediately phoned them and queried this but they were adamant it was correct.

I had made a payment of £386.16 on the 20th January 2013 which was for the period of 4 weeks up to and including 14th January 2013 (I didn't receive my HB until late Sunday 20th Jan although my bank statement then backtracked and it now shows HB was paid into my bank on 16th Jan.......pointless statement maybe?!)

I have since phoned HB and they say they pay 4 weekly in arrears (which LL well knows)

I was then advised to re-read my agreement; in particular; the rent paragraph.

 

It states as follows:

'Rent shall be £96.54 per week payable in advance'

'The first payment of £96.54 being due on 24/09/2012 or prior to the date of taking possession'

'Thereafter, the "Rent due date" will be every 28 days during the term of this agreement.

 

This is where they have seemingly 'moved the goalposts'!

 

LL understood I was on benefits and HB is paid in arrears.

I can only pay 4 weeks in arrears which is what HB pay me + my top up.

 

Because HB were late in paying my latest payment, I can understand if they were saying I was a week behind.

My next payment, due in February will cover from 14th Jan - 11th March 2013.

 

This LL has a bad reputation for similar antics, along with not carrying out repairs and also for evicting tenants if they don't dance to their tune.

 

I have tried (till I was blue in the face) to explain to LL that up until 14th Jan, I had been in the property for 16 weeks and I have paid 16 weeks but they are still adamant I owe 2 weeks??

 

Personally, I think they may try to evict me and go for someone who came down with the last shower as i clearly didn't!!

 

SAVE ME!!....Please!

 

Thanks in advance folks

Edited January 29, 2013 by Marco73

[mariner51]

Marco, HB payments are always paid at least 2 wks in arrears, rent is invariably payable in advance. LL is willing to rent to unemployed benefit claimants and does not demand a deposit, reducing T's initial outlay. Not unreasonable to require rent at start of each T period. He has also chosen to accept rent 4-weekly, easier for HB claimants, not so easy for him as I understand he cannot use a s8 for repossession. He can issue a valid s21 at anytime to apply for a mandatory no fault repo, as can any LL

T is resp for paying rent on time, not HB. HB late payments can cause problems for Ts & LLs. Have you given LL a Council DPA consent so he can check status of your claim/hold-ups direct with HB dept?

 

A totally respectable LL, may insist on 1 month rent + up to 2 months deposit in advance before renting to someone in your position!

[Marco73]

After my call to LL, disputing the arrears (which do not exist); I phoned HB and explained the situation. I then gave them consent to speak with LL.

I then phoned LL again to let them know that I have consented. LL then started being arsey and said it wouldn't change the "fact" I was in arrears as the computer says so!

I have looked at the LL reviews and they are negative. It appears that my situation is not unique as it seems to be a snidey tactic they use. The LL claims that, all tenants, whether working or on benefit, sign the same agreement but they initially make exceptions for HB claimants because they "understand" HB pay in arrears.

Some time down the line (like now), LL then drops the bomb that tenant is in arrears!

My tenancy is up in March so will start looking for another place as I am sure LL will have other cards up their sleeve!

 

My opinion is that LL doesn't ask for advance rent or deposit because many other tenants of this LL do not get their repairs done and so that is their excuse. (A kind of; think yourself lucky you didn't have to pay advance)

 

Thanks for your input Mariner