Landlord Has Placed Me In An Impossible Situation

[Warrior_Walshy]

Hi Guys,

 

As some of you will know from the help you have provided to me on my other thread I have just completed the second stage of my treatment and I'm on the waiting list for the next stage. My health isn't great and I am in receipt of Universal Credit with the health component, after winning my Tribunal regarding the health assessment. 

 

A few months ago my renewal came up for my tenancy agreement. I thought this would be a simple process, it wasn't. My landlord and letting agency demanded I pay the full 6 months rent up front for the contract, totalling £5000. I simply do not have anywhere near that level of money lying around and I asked to pay monthly as is the standard payment method for rental agreements but they insisted I had to pay up front the 6 months rent. I said I simply don't have the money so they then issued a Section 21 Notice on me forcing me out of my flat. I was so shocked at their callous nature and very angry but there was nothing I could do. 

 

I recently had my Possession Order hearing in which I asked the judge to be allowed to present my medical evidence in confidentiality for the judge's eyes only as I did not want all my personal medical details handed over to my landlord or letting agency, but I was denied this and my medical evidence was not allowed to be relied on at the hearing. The judge granted the landlord his Possession Order. I stopped paying my rent as soon as the S21 was issued. I even said at the hearing that I would be happy to pay all the backdated rent in one payment so long as I can carry on living in the property and be allowed to pay my rent on a monthly basis.

 

Even though all the government guidelines I have seen stipulate that landlords should only issue a Section 21 Notice as a last resort and especially due to the coronavirus situation landlord's should be extra flexible it seems that my landlord and letting agency have gone out of their way to be as unreasonable as possible. I would understand that more had I been a bad tenant but I have been an excellent tenant, my rent has always been paid on time and I have looked after the place and I am a very considerate neighbour.

 

I really didn't need all this hassle and I would have preferred to concentrate on getting my health back to normal but clearly you are not allowed to be ill and if you are the system will make it even more difficult for you.

 

Thankfully I can take advantage of the eviction ban but soon I will need a new place to live. The problem I clearly have now is that I will soon need a landlord reference but clearly I will not get one from my current landlord. I have been a renter for over 10 years and all my other references are impeccable, I really don't know what to do. I don't want to lie to my new prospective landlord/letting agency but I don't know what else to do. Perhaps they could use my other landlord references? I have only lived in this flat for 18 months, perhaps the new landlord/letting agency would accept all my previous refences? If anyone has any advice, guidance or suggestions I would be so grateful. This whole situation is really worrying me so any help appreciated, thanks.

 

Walshy

 

 

 

 

[unclebulgaria67]

As you have a health condition, you may be able to obtain a Housing Association property. They often provide a better standard of accommodation than a private rental and the rents as well as services offered are much better value.

 

Your local Council Authority should be able to supply information on the Social Rented Sector Housing Associations in your area.

[fkofilee]

Great advice from UB there. Also consider having a chat with Shelter - They might be able to advise of other options. 

https://england.shelter.org.uk/get_help

 

Ive pointed you towards their contact site based upon the fact that its England. If its Scotland - Let me know

[45002]

While I can understand what you're going through.

 

Not paying the rent is a very bad idea the LL/LA can deduct any arrears out of a deposit, sue you in county court for arrears or both ending up with a CCJ too.

 

You're still liable to pay rent up until the day you move out and as per your TA agreement.

 

You have a health condition you may be able to obtain a HA, local council property, but the fact you stopped paying your rent may affect any application for housing you make to a HA, local council or another private LL.

 

You should seek advice from Shelter, CAB, Local council ASAP

 

Good luck...

 

 

...

Edited March 31, 2021 by 45002

[Warrior_Walshy]

Hi,

 

Thank you all for your responses.

 

I have no intention of moving into a Housing Association property. I live next door to one and will do all I can to avert going through that experience. I'm not saying for one moment that people who live in social housing accommodation are all bad people, far from it. I've met and spoken to some absolutely lovely people from the block next to mine. However, I have also seen a few neighbours who I would never wish to live in the same block as. The point I'm making is that if I move into a situation like that it will only make my health and my life a lot worse not better. So I will not be approaching the council for social housing accommodation.

 

As I explained I am in receipt of Universal Credit and I am in a position to move to another private rented property. The money I have saved will now have to go to my new landlord/letting agency as I will have to pay the rent up front for the whole contract. As I told you I would have preferred to have given it to my current landlord and stay in my current home but he's not interested. 

 

This time I am looking at property that's partly rural as I want to live with as few people around me as possible and I am in desperate need of some quiet living. The only issue as I mentioned is that I can not rely on my current landlord and letting agency for a landlord reference but I will obviously need one. 

 

Does anyone have any ideas at all how can I sort out an alternative?

 

Walshy

 

[45002]

Current LL/LA don't have to give you a reference.

 

You stopped paying rent where you currently live which makes your situation worse and will not look very good with any new LL.

 

Any new LL/LA will want to know if you can keep up and pay your rent on time.

 

Any rent arrears the current LL can sue you for or deduct from a deposit or both as I said early on.

 

You could get a section 8 notice read on http://tiny.cc/n1hvtz

 

All I can suggest is you contact CAB, Shelter or local law centre, ASAP for further advice.

 

...

[Warrior_Walshy]

Hi,

 

I'm fully aware that my landlord doesn't have to give me a reference and could also issue a S8 Notice in addition to the S21 route. 

 

I have explained my situation clearly and the landlord has placed me in this situation, despite offering to pay him the rent owed. This entire situation is entirely down to the landlord's and letting agency's own fault.

 

I will try again - Does anyone have any ideas at all how I can sort out an alternative or replacement reference in lieu of a landlord's reference?

 

Walshy

Edited March 31, 2021 by Warrior_Walshy

[45002]

Haven't a clue how you're going to get any type of reference in this situation.

 

Has your current LL/LA give you in writing "you don't have to pay any more rent"

 

?

[Warrior_Walshy]

Nope. But despite my offer to pay all of the backdated rent in one single payment if I can be allowed to stay in my home, as I stated to the judge, they're not interested. 

 

The more I think about this situation the more I think the landlord just wanted to get rid of me. Why else would any half decent human being impose such an impossible condition?

 

Walshy

 

 

[45002]

5 minutes ago, Warrior_Walshy said:

Nope.

 

Walshy

 

 

 

They could still chase you then for rent arrears.

 

Your problem is any new LL/LA will want to know if you can pay, keep up to date on your rent payments, pay a deposit or ask for a guarantor.

 

I noticed on your previous thread on CT, you're getting UC

 

If the rent part of UC is paid direct to you, current LL/LA could apply for it to be paid direct to them read on http://tiny.cc/m3hvtz

 

See if anyone else on CAG has any ideas on getting a reference.

 

 

[Warrior_Walshy]

I am aware of all of these things. You seem determined to not want to help me and make me worry even more. Just so you know you can't make me worry even more.

 

Walshy

[45002]

Apologies if you see it that way, I'm only posting "what could and does happen in real life"

 

Rent arrears for what ever reason will be a problem to any new landlord in any sector, it's not that simple for anyone with rent arrears to walk straight into a new tenancy...

 

I wish you luck....

[Warrior_Walshy]

Given that I didn't receive the help I was looking for despite the extensive history explaining this situation is not my fault, it seems that all this thread has done is to serve to possibly make things worse for me. Therefore can I ask that it's deleted. I see we're not allowed to delete posts or threads ourselves so can I ask an admin to delete?

 

Walshy

[Warrior_Walshy]

I have now messaged admins.

 

Walshy

[stu007]

Hi

 

You have been given some excellent advice but it is you that does not wish to take that advice.

 

The worst thing you can ever do whether renting in Social Housing or Private Sector is not pay your rent as the Landlord then has the upper hand as you have Breached the Tenancy Agreement that you have Signed.

 

You also have been given advice about Council/ Housing Association but you have your opinion of the Social Housing Sector and have pointed out you will never go down that route for your own reasons.

 

It has been pointed out to you also the difficulty you may have in futher renting in the Private Sector due to what has happened recently and the Possession Order so you already have a CCJ.

 

You have pointed out you have stopped paying rent as soon as the S21 was issued this is of no benefit to you as you have Breached the Tenancy Agreement with the Landlord and as has already been pointed out the Landlord can then chase you through the courts for this and if they do that and win that will be another CCJ against you.

 

You should be fully aware that when renting in the Private Sector Landlords/Letting Agent do numerous checks on the prospective Tenant and it would more than likely be flagged up the CCJ you already have for the Possession Order and if the Landlord goes to court and wins on the Rent Arrear that would be another CCJ. 

 

You are making this difficult for yourself and I would suggest that you clear any Rent Arrears that you have with this present Landlord that was Granted the Possession Order is paid in full immediatley no matter what issue you have with that Landlord as either way that Landlord/Letting Agent will want their rent even if it means going to court as they have already done so for the Possession Order.

 

We are trying to help you but your actions are putting you in a difficult position if you wish to continue renting in the Private Sector so you need to be aware of that.

 

Can I also point out that whether you are renting in the Private Sector or Social Housing you can't pick and chose who your neighbours will be as these will change over time due to numerous factors.

 

You really need to have a chat with CAB or Shelter but I feel they will only tell you the same as has already been advise here

 

 

[Warrior_Walshy]

I have been told what I already knew. I did not get any help with my simple question.

 

Can you delete the thread? It purely serves as a handy tip guide for landlords.

 

Walshy

Edited April 1, 2021 by Warrior_Walshy

[stu007]

Hi

 

Let me correct you these thread DO NOT serve as a handy tip for Landlords.

 

CAG does not delete thread unless for legal reasons as the advice given on threads may help others.

[Warrior_Walshy]

Let me correct you THEY DO SERVE AS A HANDY TIP FOR LANDLORDS.

 

Can I ask how many landlords work for the site team?

 

Have you seen some of the quality of the 'advice' you are handing out? It's not advice as this thread proves. Site team members don't even bother to read your posts properly and then go off on some kind of self aggrandizing monologue under the guise of 'helping' people.

 

If you need another example please do feel free to look at my other issue in relation to Council Tax. I was advised by London1971 to send an email to my local councillor using a template he had produced and I would get all my Council Tax issues resolved, here's what he said.

 

If you listen to me this can all be sorted out by tea time tomorrow, but before I explain, I need to make one thing clear.  You will not go to prison, end of.

 

It has been over a month since I did what he said and in that time I now have a Liability Order and bailiffs knocking on my door. When I stated this later on he became fixated with me contacting my Council Tax Collections Department, which I looked up and is the same department that deals with Council Tax in general and now they won't talk to me and simply advise me to speak to the bailiffs.

 

Deeply concerned by some of the advice you guys are dispensing on here.

 

Walshy

 

Edited April 1, 2021 by Warrior_Walshy