BR Questions and my Tenancy - Please help

Zandytobedebtfree

Hi All

Just want to introduce myself and my situation!

2 years ago, both me and my DH went from having paid employment to both becoming self employed (DH a trainee Driving Instructor) and I became a waiting Foster Parent. What I mean by waiting, is that the company we were Fostering for, advised me that if I gave up work, then we would stand more chance of having a permanent placement (Biggest mistake!!)

So due to this for 6 months we lived off our CC and took a payment holiday on Mortgage. During this time, the debts starting to rack up. DH was only earning enough to cover food and we only had during the 6 months had 3 placements with the fostering company for a week each!!.

I then went back to full time paid employment, but this still was not enough to pay the bills. We seeked advise from Debt companies.

So in January 2007, we moved out of our lovely house into rented accommodation and gave our Keys back to the Halifax!! Was the biggest heartache at that time, and we have a 9 year old and during all of this, I also found out that I was PG!!! The emotions that I was going through were bad!

Anyway fast forward to today - We have buried our heads in the sands for too long, not paying any of our creditors other than the odd token payment, to keep them happy, but we have now decided that BR for both of us is the best and only option. Especially after speaking to CAB.

We are trying to save all our spare (if we have any) cash for the fees and are hoping to do this by April at the latest!

One question that I have, is that our Landlord charged us a fee for moving here as he felt that we were a risk (Don't laugh, but have since found out he purchased our old house, and is renting it out!!) The amount he charged us and I know that it is a big rip off, but had no other choice - is £4,000!!! We paid him £1,300 up front and the rest is being paid at £100 per month.

Now how do I get round this with the BR, as cannot declare this debt, as landlord will kick us out if we do not pay it. And the likelihood of us getting another place to accommodate 2 adults, 3 kids and 6 cats!! Is very slim, and I really like it here. My kids are aged 9 years, 16 months and 3 months! And I have had most of my cats for 14 years, so they are family, and will not get rid of them.

I am getting really worried and upset at the thought of us being kicked out of this house too.

Do you think that I can jig figures on the SOA, so as to hide this amount, or what, I don;t really know what to say, I don't want that to sound bad - Oh God, this is crap, I wish life was easier, especially for my kids!

I know that we have done stupid things in the past, and we are paying for it now. Just want this to be all over, so we can move on with our life.

Any suggestions would be helpful

Zandy x

DON79

Hi Zandy, welcome to the forum!

Have you checked the legality of what your Landlord did? IMO I would actually say you are moving out unless he stops demanding payment for this - you are not getting any more of our money and I would get somewhere else to rent asap! He does not sound like a trustworthy person to take that amount of money! It is way more than normal security required for a rented property. It can be easier than you think to get somewhere to rent even with pets and kids - we have rented twice with two border collies so it can be done, just find the right landlord.

As regards jigging the soa figures it probably can be done but you would need to post up your soa for advice. Doesn't this £100 get paid as part of your rent anyway??

Don't dwell on the bad or silly moments, no point in that. keep asking questions if anything else comes to mind.

Donna

meerkatsmimm

Hi Zandy,

I'm no expert - but you have rights as a tenant. Has the landlord provided you with a rent book? He should have done this when you moved in and it should be updated every month to show the amounts you pay.

I'm not 100% on what your rights are but I do know that if you are living there with a young family it'll be hard for hime to move you on plus - he legally is required to provide you with the rent book - and it should include the additional payment that you are paying hime every month - otherwise he's taking but not declaring that £100 as an income - which is tax fraud if I'm right in thinking.

either way - don't take my word for it as I am only ever 50% right in these instances - but I would speak to the CAB with regards this as it is wrong what he is doing. The other thing to think about is that you should look now for alternative accomodation - you'd be surprised what else is available now that no-one can sell their investments.

Hope you get sorted and don't fret too much - enjoy the little ones as you'll not get this time back.

x

Zandytobedebtfree

Hi

Thanks for your replies.

With regards to the fee - my rent is £750 pm and I pay a standing order for £850pm to cover the extra £100.

The Tenancy agreement I have is a photocopy of the original, and it was only for 6 months on a assured letting agreement for 6 months. When I contacted LL last September to renew, he said that it is a rolling agreement, and that he does not issue new ones, so all I have is a photocopy of a 6 month agreement, that was for March last year for 6 months. And have no rent book, only proof of standing order each month on bank statements.

And with regards to the fee, the paperwork that I signed for that, he has not given me a copy of this, but asked me to look through it carefully before I signed it!! The Tenancy is only in my name too.

Does this sound dodgy to you? Not sure if I should have been given a new agreement and a original at that!!

Also if I was to move, we have no deposit that we can draw on from this LL to give to a new one, and seeing as trying to save for BR, well that will be a difficult one.

We had to borrow money from family to get deposit, on our first house that we rented, which this has now been given to this LL. And we can never borrow from family again, as caused too many issues!! God this mess just gets deeper.

Zandy x

nervousmother

what is the £4000 for? is this a deposit or rent up front? he is not legally entitled to charge you this fee for you being a risky tennant, yes he can charge you the rent up front but then you wouldnt be paying the standing order so that would mean the 4k is a deposit, a rolling contract would work more in your benefit as you have to give him 1 months notice before you vacate, if he wants you out he has to issue you with something called a section 21 a legal notice for him to have the house back but can be up to 3 months notice, the other way for him to get the property back is to issue a section 8 but this can only be done if you are two months in arrears.
Please keep all receipts and copys of tenancy and bank statements incase you have to prove you have paid him this money, it sounds dodgy. any deposit he has taken off you should be registered with a dispute service, if he does nto give you it back within 14 days or you dispute any deductions he has made you can claim 3X the amount back (12k??) i know you like it there but by the sounds of things are at risk of loosing alot of cash... your better renting through a Agent. (by the way i work for a rental agency so can help with most queries in this section)
all the best x