Would You Take The Council Flat?

snuggles79

Hi there

Just asking for general advice really and opinions. Here's the background:

About six months ago I started experiencing huge problems with my then landlord and knew I needed to get away from the place I was in in Manchester so I applied to the council for council housing. Bidding every week and not hearing back.

Just as I was about to move to a bed and breakfast in Blackpool just to escape where I was a friend found me a privately rented furnished one bedroom flat for £350 a month in Manchester. Every six months the tenancy needs to be renewed when I also need to pay the managing agent a £75 "renewal fee" (if it is renewed of course!).

A few days ago a letter from the Council suddenly came out of the blue offering me a 2 bedroom council flat. The cost working out to about £220 a month. It would have been a property I bid on about two months ago - hence it being so unexpected!

The problem is that where I am right now there is still 4 months of the tenancy left in place. I spoke to the Citizens Advice and they said that there is no way out of the tenancy without being liabel for the full 4 months rent. So, basically, I would need to do a "runner" or pay four months rent to leave (that I can't afford).

Obviously there are huge pros to taking the council property - more secure, not £75 every six month fee, right to buy, bigger place, cheap home insurance and furniture packages offered by them, etc.

The biggest disadvantage is that I would indeed need to do a "runner" to be able to move there. Also, it is in a slightly rougher area of Manchester than where I am now - but that's not a huge problem if I am sensible at night.

Also, if I turn down the council property, I probably won't get offered another one.

I should add I receive Local Housing Allowance (new name for Housing Benefit) so in terms of the amount the rent is right now it's not an issue - but, in the future, it may well be.

So, my question is, would you guys risk doing the runner and take on the council property? Or just stay put?

gone4gold62

hi is there no way u can talk yo your letting agency \ land lord and mavbe come up with an agreement to pay outstanding rent . if you move ? id personally take the council flat as they are very hard to get .

snuggles79

Sub-letting of either place is not an option - in terms of the council I don't have that right until I have been there for a year. In where I am now it's also not an option according to the contract.

Also, I think the landlord would probably be fine about me moving out early - it's the managing agent that would kick up a huge fuss (he's a *very* slimy kind of guy) - for example, he has in the contract that I can be kicked out if I am more than 7 days late with the rent (which, obviously, is unenforcable by law it has to be 8 weeks late) - but he still does things like that.

Also, if I mentioned to the Landlord about it and it was denied that I could leave early then he would know about my plans so it would make things harder.

Voyager2002

Long-term, you would benefit immensely from taking the council flat. So go for it.

As for the remainder of your contract, it is the landlord's decision. Offer what you can afford rather than the full four months' rent. If the landlord does not accept that, it is his choice whether or not to take you to court, and that would be a lot of hassle for him. Expect a few bullying letters, but probably nothing more than that.

GracieP

snuggles79 wrote: »

for example, he has in the contract that I can be kicked out if I am more than 7 days late with the rent (which, obviously, is unenforcable by law it has to be 8 weeks late) -

Maybe don't pay the rent for 7 days. Then if he tries to kick you out tell him he is breaking the law and because of this you will leave?

snuggles79

Hey that is a great idea Gracie but I just asked a solicitor friend of mine and alas it wouldn't really work

I do like Voyager's point about it's his choice and the worst he could do is bully me a bit - but, again, that's only if I leave a forwarding address!

~Chameleon~

What about the deposit you paid on the flat? Can you afford to lose that and would the landlord accept that as payment in lieu of notice to end the contract early?

You should speak to the landlord (not the agent) and explain that you won't be given a second opportunity if you turn down this flat. I'm sure he'd be very amenable to releasing you from the contract in the circumstances.

Paulgonnabedebtfree

I rented my flat out for several years and a tenant had a situation change where they needed to leave early. He was four months into a one year deal - so potentially would owe rather more on the shortfall than you.
The letting agent told me that the tenant could (a) lose their deposit (or part of) (b) be liable for unpaid rents until a new tenant was found and (c) could be liable for any shortfall if I was unable to find a tenant at the agreed rent level (d) could be liable for any setup fee or advertising that they needed to do to get a new tenant (fairly minimal as most of the setup charges fell on the new tenats anyway).
However, the agent did tell me that in reality, it could be major aggravation getting all that money from someone who was having to pay rent elsewhere. The agent also told me that there was an obligation on *us* to take "reasonable steps" to re-rent the property within a "reasonable" timeframe. I don't know much legal weight there was with the re-renting issue.
I felt a bit sorry for the guy as it was an unexpected job move that was no fault of his.

As things turned out (c) was not applicable as the rent was a fair way below market level anyway. I was happy with this as the flat has not been well maintained inside so I was OK with letting at a lower level rather than paying to revamp. Also, in spite of the matter of ending the contract early, the guy was a good tenant (lived there 16 months in all). Indeed, I used the change of tenancy to get a rent increase from the new tenants.
It turned out that the flat was re-let within two weeks and at a higher rent. He lost some of his deposit. He lost a couple of weeks worth of rent money. He had to pay a small contribution towards the setup fee. In all, he came out of it reasonably OK for someone who needed to break contract. However, he was dealing with reasonable people (myself and the letting agency).
One suggestion I would make is to see if you can find someone (who will pass a credit check) to introduce to the agent. If you give them someone who can take on a six month let, you would minimise any costs to you. There will be costs but possibly not as much as you think - especially if the place is re-let quickly. Those costs may be covered by your deposit in such a situation.

BTW. I do think you should take the council flat. If you tell your landlord what is going on, it will help them re-let the property sooner rather not finding out that you are missing until a few weeks have passed. If they make reasonable efforts to re-let and your costs end up being minimal, maybe offer to do the right thing and pay those costs - even if on an instalment basis. Much better that way that debt collectors trying to trace you (and they would eventually find you - especially if you are a council tenant and on an electoral register).
I understand that rent levels are dropping at the moment so this could make things a bit trickier.

seven-day-weekend

Take the Council flat and then try to come to an agreement with your landlord. I'm sure even if he does take you to court (unlikely) that they won't ask you to pay more than you can afford. Don't let the Council flat go, they are like gold. I wish my son could get one.

You could see if you can find someone else to take over your four months, but don't refuse the Council flat if you can't.

pinkshoes

GracieP wrote: »

Maybe don't pay the rent for 7 days. Then if he tries to kick you out tell him he is breaking the law and because of this you will leave?

That's a stupid idea. By not paying your rent, you are making yourself intentionally homeless.

You don't have to pay a renewal fee every 6 months. This is just for fixed term contract. After the initial 6 months, it will then automatically go onto a rolling contract, which you don't have to pay for. It just means the LL can give you 2 months notice to move out, and you have to give 1 month notice.

The council flat will save you £130 every month in rent. 4 months rent will be £1400, so would take you 11 months to pay back the landlord.

Doing a runner and not paying the landlord is disgusting behaviour. This is someone's income we're talking about here, so don't even think about it. Just be honest with them, and try and come to some solution.

poppysarah

Speak to the council and tell them you want to accept the flat. That bit is vital - but then you need to tell them you're stuck in a tenancy until whenever and what HB is available for an overlap. (It may be nothing, or it may be a few weeks) -
You'll have to negotiate to get out of paying as much rent as possible with the landlord - but if he makes you pay the rent then don't give the keys back and visit it to make sure he can't relet it (Mean but he might see it as beneficial to be able to let it quickly)

Which tower block is it? I've been to most of them through a job I had years ago!