Renting help needed urgantly!!!!

benjamminsw

First of all HELLO....

Now I have quite a tricky problem which I am hoping somebody can help with, will try and keep it short

We have an Assured Hold 12 months Tenancy, we are 3 months into the 2nd agreement. But sadly due to finances we can no longer afford to live here and dont have enough finances to lay down a months rent + deposit on a new property, we are a low income family.

Now our thought was to give up this property and approach the council as homeless and be rehoused by them. However we are aware that if we do that we would be classed as intentionally homeless.

BUT where do we stand on the grounds....

a) Landlord has a standard mortgage on this property, he has all his post still sent to this address daily and has all his belongings and furniture stored in the garage (which is supposed to be rented to us), while he works abroad as a surf coach, coming back every few months. He does not have a Buy to Let Mortgage, is he allowed to be renting the property to us????

b) Our deposit has not been put into a Trusted Rent Deposit Scheme as is ment to be by law

c) His girlfriend has entered our property without our permision while we were out.

d) he harrased us loads by phone to get us to let him to look at something in the loft while we were away.

e) He has also harrased us over being behind a months rent, every other day he calls saying he wants it.

Under those grounds would be right to say this tenancy is not suitable in any way, the landlord has broken the law regarding the deposit and possibly commiting fraud with his mortgage company. In turn we have left and are now homeless and would that be classed as intentional???

Thanks for any help

silvercar

If you went to the council as homeless they would want to know details. They are likely to want to ask your landlord why you left. Once your landlord mentions rent arrears you could be classed as intentionally homeless and not eligible to be prioritised on the council list.

If you have a low income check you are getting all the benefits you can, including help with rent.

chewmylegoff

Just because the landlord is acting like a twerp, doesn't mean that the tenancy agreement that you have signed becomes void. even if you leave, he can still pursue you for the rent that you are contractually obliged to pay. the fact that he may have illegally entered the property, and breached the lease in other ways, doesn't mean that a court will agree that means you can up and leave and not pay the rent.

your best hope in this respect is to negotiate with the landlord - tell him that you cannot afford to pay the rent, and ask for a reduction or ask him to release you from the contract, you can but ask. you will probably have to offer him some incentive to do this - for instance you could offer to surrender your deposit to him to get him to release you from the contract.

benjamminsw

Wow, quick responses thanks.....

With regards to approaching council and they find out about rent arrears, if we found we were in our right to move out and go homeless due to landlords behaviour etc we would borrow some money from family to pay the months rent arrears first

To Chewmylegoff, I know what your saying, i agree the Tenancy agreement wouldnt be void (however as its a template job from Post Office I wonder if its legal) but he wouldnt have a leg to stand on with chasing for monies owed as by not putting our deposit in a scheme he has broken the law and is liable to pay us 3 times the deposit amount if we took him to court, so we have control to an extent.

But what we want is to know whether we are in our right to move out because a) he hasnt protected our deposit, as it says in agreement, possibly shouldnt be renting his house to anyone (due to mortgage), breaching conditions in agreement by entering property without permission etc. And if we moved out because of it would we be intentionally homeless?

benjamminsw

Surely if he is commiting Fraud with his mortgage company
Breaking the law by not secuing our deposit
Enterin the property illegally...

Nobody can expect a family with a young child to be living with that...can they?

barnaby-bear

benjamminsw wrote: »

Surely if he is commiting Fraud with his mortgage company
Breaking the law by not secuing our deposit
Enterin the property illegally...

Nobody can expect a family with a young child to be living with that...can they?

None of which are grounds to break the tenancy though and leaving would make yourself intentionally homeless whilst liable for rent. There are other means of recourse to deal with those issues. If you are out of work/drop of income and can't genuinely afford the rent then you should be entitled to LHA and should pursue that option - any homeless claim would question your failure to do this.

barnaby-bear

benjamminsw wrote: »

Surely if he is commiting Fraud with his mortgage company
Breaking the law by not secuing our deposit
Enterin the property illegally...

Nobody can expect a family with a young child to be living with that...can they?

Your one genuine legal get out clause maybe if the landlord fails to provide you with a legally servable address if he is out of the country - I suspect the girlfriend maybe this though - without such an address legally no rent is technically payable.....

barnaby-bear

benjamminsw wrote: »

First of all HELLO....

Now I have quite a tricky problem which I am hoping somebody can help with, will try and keep it short

We have an Assured Hold 12 months Tenancy, we are 3 months into the 2nd agreement. But sadly due to finances we can no longer afford to live here and dont have enough finances to lay down a months rent + deposit on a new property, we are a low income family.

Many councils have a deposit bond scheme but in your case having a tenancy and being liable for the rest of it may mena ineligible. If you are not eligible for LHA (the new housing benefit) then where is your money being spent - if it is debts or another you need to consider your budget and consider the DFW board as council tax and rent are priority payments not loans/credit cards.

G_M

Re your Qs:
"whether we are in our right to move out because a) he hasnt protected our deposit," NO These are separate issues. You can certainly pursue him for not placing your deposit in a scheme but that is all.

" possibly shouldnt be renting his house to anyone (due to mortgage)," - how can you possibly know what agreement he has, or hasn't, with his mortgage provider. I am sure you do not illegaly open post addressed to him? Naturally you either forward it to him, or keep it for him. Indeed he may not even have a morgage. And if he does it is a matter between him and the mortgage provider. Nothing to do with you or your contract with him.

"breaching conditions in agreement by entering property without permission etc." You can certainly deny him access a) by writing to tell him not to and b) change the lock (but keep it to replace when you leave).

" And if we moved out because of it would we be intentionally homeless?" - Yes.

As for calling you, well harrasment is difficult to define legally , but you ARE behind with rent, he is entitled to it, and it understandable that he should be concerned and want to resolve the problem.

tbs624

Welcome as a newbie

First of all, I agree with Silvercar, have you checked that you are claiming everything to which you are entitled, as you are on a low income?

Unfortunately,as the others have said, none of the things that you list give you the right to just up and off from the contract.

However, taking each point in turn:

benjamminsw wrote: »

a) Landlord has a standard mortgage on this property, he has all his post still sent to this address daily and has all his belongings and furniture stored in the garage (which is supposed to be rented to us), while he works abroad as a surf coach, coming back every few months. He does not have a Buy to Let Mortgage, is he allowed to be renting the property to us????///

He does not necessarily have to have a BTL mortgage, but he should have his lender's consent to let the property. If all his post is sent to the property then it sounds as though he perhaps hasn't.

How do you pay your rent to him? Has he appointed someone (ie the Gf ) to act as an agent for him, and deal with any issues that arise if he is away from the UK for extended periods? If he has not given you an address "for the service of notices" then he cannot lawfully collect rent until such time as he does.

Unless it was agreed, in writing, between you and the LL that his stuff should be stored in the garage you have every right to insist that it's removed & put into storage.

benjamminsw wrote: »

b) Our deposit has not been put into a Trusted Rent Deposit Scheme as is ment to be by law

Have you got written confirmation from each of the 3 schemes that this is the case? If not, see here

Has the LL provided you with a gas safety certificate btw?

benjamminsw wrote: »

c) His girlfriend has entered our property without our permision while we were out...

d) he harrased us loads by phone to get us to let him to look at something in the loft while we were away.

She is not allowed to enter your home without your permission. The LL ( or someone acting on his behalf) has a right to inspect the condition of the property now and again, and they have to give you a minimum 24 hours notice, but you may refuse even that visit , unless the LL obtains a court order. Are you saying that the has LL more stuff of his own stored up in the loft?

If necessary, you *can* change the barrel on the lock (keep the old one safe to replace when you leave)

benjamminsw wrote: »

e) He has also harrased us over being behind a months rent, every other day he calls saying he wants it.

Tenant harassment is a criminal offence, but you need to understand that you have to deal with rent arrears.

There is another Board on this forum , where they will help you go through your finances and benefitsdue etc

You can withdraw from the contract early if another tenant (acceptable to the LL) is found for the property. You would have to pay advertising costs plus the rent until the new T could move in. If you can agree this with the LL you could perhaps look for a cheaper property?


You need to get some help locally with all of this.

Your local Council have a dept who deal with private sector tenancies - ring & make an urgent appointment to go through *all* of this with the Tenancy Relations Officer. They can deal direct with the LL/his gf on your behalf if necessary. You can also call Shelter on 0808 800 444 for advice.

tbs624

G_M wrote: »

Indeed he may not even have a morgage. And if he does it is a matter between him and the mortgage provider. Nothing to do with you or your contract with him.

I disagree G-M. If the LL reneges on his mortgage payments and does not have a BTL or CTL then the lender does not have to recognise the tenancy.

G_M wrote: »

As for calling you, well harrasment is difficult to define legally , but you ARE behind with rent, he is entitled to it, and it understandable that he should be concerned and want to resolve the problem.

He is of course entitled to the rent due under the contract but every LL should know the correct way of going about things. Ringingthe T "every other day" would be a foolish move on the LLs part when, combined with access issues, it could very easily see him being on the receiving end of a lawyer's/TRO's harassment warning letter.