BerevemBereavement DSS and a tenant - thoughts please

Tygermoth

Posting on behalf of my work colleague:

A lovely lady who I work with partner died unexpectedly several weeks ago and as such despite dealing with the bereavement has also had to suffer with a severely reduced income while matters are being resolved with the deceased estate, family and my co-worker.

She and her partner lived in a rented bungalow for several years with a private LL and EA administering to the property. As they were a couple in middling years they were neat, fastidious and very house proud and the place was more than immaculate. The EA had commented on a number of occasions that they were their best tenants as the couple did upkeep and repairs on the property and treated it like their own favoured home as any good tenant would.

My colleague has never missed a payment nor will if it is within her power however she has just been 'awarded' (if that's the word, sorry if its incorrect) housing benefit.

The landlord has now stated 'i am not happy to rent to people claiming state benefits' he then stated that he will now 'reconsider' his rental agreement with her.

Can they do this? for further information she has a 6 month rolling contract which was renewed just before her partners death.

Please could you advise? i do understand the property is ultimately the landlords and he has a say in whom he chooses to rent to... but this seems bizarre behaviour regarding the nature of my co-worker and the years of problem free rental. It seemed he was alleging (and I may just be getting over sensitive on her behalf) that she would sink in to a crack smoking hoe with three boyfriends and the police bashing down the door just because she was gaining assistance from the government put in place to help people in situation like hers.

I feel this is discrimination.....? and if it is can we do anything about it? (i have advised her to go to shelter and CAB but she does not want to waste the 'good peoples time') however she has allowed me to post on here.

Many thanks

Ty

sooz

Firstly, you need to clarify if she is on a periodic tenancy (rolling contract) or a new fixed term.

She cannot have a renewed rolling 6 month tenancy as stated, as this does not exist.

If she is on a periodic tenancy, she can be given 2 month's notice, ending the day before a rent day, to leave. She doesn't have to go then, but the LL can & will take her to court to regain possession.

If she has signed a new 6 month AST, then her LL cannot give her 2 months notice to expire before the end of the fixed term. So the earliest he can ask her to leave is the end of the contract (assuming he words the notice correctly, & has registered the deposit)

Have a read of this thread for the other side of the arguement as to why LL's don't like having housing benefit/LHA tenants. It may be that his mortgage does not allow it (which many don't)...ignore the rude posters on that thread.

If she has already been awarded LHA, is it enough to cover her rent? If not, can she afford the top ups? There was no need for her to tell the LL this at all, as LHA is paid direct to the tenant, albeit in arrears. Can she afford the rent before the LHA is eventually paid (it can take up to 8 weeks)?

Now he knows, I'd suggest she write to him, basically saying what you have said...good tenant for x years, sadly bereaved recently, LHA is temporary, & as soon as she is able/probate granted etc she will be off it & hopes to continue the tenancy where she and her late husband have been very happy. Then don't mention it to him again.

clutton_2

i would show the LL how much benefit sheh will be entitled to - to reassure him that she will be able to pay the rent

it is always difficult for some LLs to reconcile rent with HB payments as rent is usually due one month in advance while HB is paid 4 weekly in arrears and this blows the minds of some LLs who cannot work it out

i suggest she sets up a S/O for the monthly rent as before and pays 3 days before the rent day (to allow for bank clearance)