What should i do? What are my rights?

silvercar

Trying to second guess the landlord is difficult.

If she really wanted you out, she would only have to wait until you owe 8 weeks rent. With one month completely unpaid, the day the second months rent is due and not paid you owe 2 months rent. So on this day she could serve you with papers, if at the court date you still owe 8 weeks rent, that is mandatory grounds for eviction. If you didn't budge, she would then need to go back to court to get baliffs appointed and then wait for the baliffs to have a slot to attend.

On the other hand she may want the council to pay the rent to her direct. She then has a far more reliable situation. A council paying the rent direct and a tenant who looks after the place (i'm guessing). So it becomes a win-win situation. Though you and her will hae to sort a repayment plan for the arrears.

amberowl28

Like i said i'll be happy for the money to go direct to her, especially if that's what she wants. But if thats the case why delay things? She'll get her money faster by providing the information needed for the claim. Argh!!!!!! This is so frustrating.

I was in tears last night, i just want to get my life back on track, but it feels like i'm simply going backwards rather than dealing with my financial problems.

Emma1973

It will take longer than 2 weeks to gain possession if she does decide to evict you, and judges are being very lenient on tenants at the mo, not granting possession orders until they absolutely have to.

Dependent on the section she uses to gain possession she may be unable to do so if you manage to get the arrears to less than 8 weeks. And yes, she will be able to apply to have the benefit paid direct to her, however once the arrears are reduced to less than 8 weeks those direct payments will stop. They can, however, continue payments on a discretionary basis

amberowl28

Thanks all useful info, really don't know what else to do at moment. Long frustrating weekend ahead. My plans are

- Complete and send off any new job applications over weekend (6 today).
- Contact landlady again by phone - by post if can't reach her over weekend.
- Visit jobcentre (sign on day) and council to sort mess with claim on monday.
- Visit CAB early wens if haven't got anywhere by then.

Hope for the best!

LindsayO

your mum may be elegible for DLA and you may be elegible for carers allowance

Fire_Fox

Don't contact the landlady by telephone, you may need a paper trail to show you have kept her informed of the progress of your housing benefit application if you need to go to court.

amberowl28

Mum gets DLA but as she doesn't require full time care so is not eligable for carers allowance. She struggles and goes out rarely and not very far but can actually manage stairs if slow and do all the basic everyday tasks except for occassional periods when she is simply too weak/exhausted usually brought on by another illness which sets her back much worse than most people or has a relapse. Her memory and concentration also lapse.

amberowl28

Thanks firefox i've sent letters too (kept copies) and if i don't hear from her this weekend then i'll be sending another on Monday. Really seems like it's one thing after another and i don't see the end in sight.

rachel6188

amber, what level of dla is your mum on??
iv got no real advice for you huni...i wish you the best of luck hun
xxx

amberowl28

Middle, but i reckon occassionally (such as when i had to help) it should be high but that's only very occassionally. Thanks for the support!