End of lease eviction

[Giveitblackmore]

Good morning all,

 

My ex and my three school age children are coming to the end of their rental lease on December 1 and want to stay in the property. I provide maintenance and she is on benefits including housing benefits although according to her these have been cut some months ago.(she has been on housing benefit for the last 18 months)...She made an arrangement with the landlords agents to pay a three month 'buffer' when she moved into the property 18 months ago...Unfortunately my income dried up three months ago and the buffer has been used over the those three months and the landlord will not issue a new lease unless we pay the buffer back up to three months.

 

I have just received a job offer starting in January which will clear all of this up and allow us to move forward and smooth out all of the issues. I need to buy some time in the house while this is sorted and so my questions are....

 

What is the position of my ex and kids staying in the house beyond 1st December bearing in mind that there are no arrears and I have future earnings coming to pay the rent?

 

Can housing benefit be cut just like that? (my relations/communications with the ex are strained to say the least and I can't be sure of what she's telling me)

 

Thanks in advance for any advice you may have for me.

 

GIB

[martin2006]

Mariner51 is best placed to advise on this one for you.

 

From my limited knowledge, yes housing benefit has been cut to the bone over the last few years, your ex is telling you no lies there.

 

Once the tenancy comes to an end you would normally revert to a rolloing tenancy in the absence of a new one.

The LL would need to issue you with notice to leave( if thats the correct term) which all takes time, eviction isnt a fast process and can take atound 6 months i believe if the worst came to the worst.

 

Pls however wait for clarification from Mariner51

[Giveitblackmore]

Thanks very much Martin!

[honeybee13]

Duplicate threads merged.

 

HB

[martin2006]

Duplicate threads merged.

 

HB

 

Thanks HB, spotted the duplicate but cant merge while on my phone.

[fletch70]

Although the LL may not want to renew the tenancy , he has to follow set procedures to evict you( or anyone) and this can indeed take some time.

 

It would be worth while asking if he is prepared to go onto a rolling contract until you get get the three months rent together which after all will not be that long. There is nothing to stop his however issuing possession proceedings. I think first would be a Section 21 notice ( assuming there are no rent areas)

 

As for HB, it has been cut, there is now a local housing allowance based on where you live which can be found by googling it and the area the house is in, then of course there are the limitations on number of bedrooms. I am not sure of the technicalities but it assumes that children can share a room , (if opposite sex there is an age cut off) so for example the maximum rent a couple with two same sex children ( or two children under the cut off age) would be for a two bed house.

 

This is clearly unfair (IMO) and just adds to the problems that the child could have at school and in the future - for example not having 'quiet' space to do homework. but that's what we get when people vote for austerity.

 

https://www.gov.uk/housing-benefit/what-youll-get

 

That link explains HB , so the most your ex can claim for is a three bed property unless there are exceptional circumstances.

Edited November 28, 2016 by fletch70

[Giveitblackmore]

Thank you Fletch

[Giveitblackmore]

Thanks again Martin...as per your recommendation I was really keen to hear from mariner51 if he's available? Cheers...GIB

[Steve__M]

Has the agent or landlord issued a Section 21 notice already. Some agents issue them as a matter of course, effectively to force tenants/landlords to sign new contracts each year.

 

If so, then technically your ex is at threat of eviction and should discuss agreeing to a rolling contract. If not, then she has to be given at least 2 months' notice.

 

If she is able to keep up with the rent then that will hopefully keep the landlord happy.

[mariner51]

Suggest your ex posts on this thread with her own username, so she can answer Qs direct.

In the meantime, without knowing what has been said -

If she currently has a fixed Term AST, a monthly periodic Tenancy (SPT) will be created, if she remains in occupation after midnight on 1 Dec. so rent needs to be paid on due dates. No need to request 1. LL can still evict with s21 but even if he gets a Hearing/Repo Order before Xmas he would have to use Bailiff for legal eviction if T does not vacate voluntarily, so mid Jan at least. LL can ask Court to award Hearing & Bailiff costs against T (£450 + £110 est)

Also LL may register CCJ if debt not satisfied within 30 days.

T could arrange for her HB to be paid direct to LL (+rent top-up).

I doubt LL will want a void at this time of year if monthly rent is paid on due date.

[Giveitblackmore]

Thankyou Mariner51..sorry for delay in replying...been a bit manic trying to sort this out....i have more information now..No section 21 has been issued as yet and they are now in an SPT..a while ago the rent payment date was changed on our request to 9th December (with the extra week paid at the time) . The LL wants her to sign a new lease today and agree to pay the rent buffer and January's rent on 9th...this is not feasible although I can pay the months rent on 9th December...Currently the LL agent say he will not accept a rolling tenancy. I will try again to make him understand that it must be better for him to take the monthly rent even if he issues a section 21...if he still refuses do we withhold any rent during this period when he looks to evict? Im at my wits end as to what to do next!

 

Thanks again to all for your advice to date

 

GIB

[ericsbrother]

no you pay the rent on the due date. As it stands either teh LL or the agent just doesnt like going forward as you are entitled to and wants either you out or another longer term tenancy so they ahve a guaranteed income for the next year. That is what the huff and puff is about, trying to get the tenancy ended without the necessity to obey the letter of the law or get money for old rope with a new tenancy agreement. If it is the agent being lazy and greedy then this will effectively call their bluff as the LL will not like the expense of having to pay to boot you out and lose income when they have an insecure but steady income at the moment. I doubt if the agnet will issue a S21 or they will end up footing the bill when the LL gets the hump.

[mariner51]

You requested change of rent due date to 9th of each month that was accepted and you paid for the gap period, so I assume rent is payable pcm and now due on 9th. You can pay rent on 9th Dec but for some reason 10 Jan is not feasible for you. You can't keep changing rent due dates for your own convenience.

Rent is normally due on date Tenancy commences & I do not normally change that date (too many legal complications).

I do not know reason for LL/Agent shenanigans, but do know that cannot prevent an SPT arising if you remain in occupation after fixed term ends at 23:59:59.

DO NOT withhold any rent (a breach of Contract and rent is a Priority debt)