How dare they!

Unkownn

Some of you may or may not remember my last thread.

https://forums.moneysavingexpert.com/discussion/2526715

To sum that up, I am still awaiting repairs on the bed. No sign of it happening at this stage, especially after today.

Alright so let me give you a run down.

October 09, lost my job.
Month later, found temporary work and part time work at a Retailer. Though reduced money. Working excess of 50/60hours a week.
Jan 09, brother had to leave work as he couldnt afford the travel to London.
Had to contact the CCCS in May due to issues with my debt.
Rent was still paid, although not on time.
Brother then found a job (about 1/2 months later). Although part time hours, (as many as he can each month)
Brother is paid on the 28th of each month. Rent due 25th. (OUTSIDE OUR CONTROL)
Rent has always been paid, although since redundancy not on time as per above comment.
Tenacy renewed and they charged us £94 to renew the agreement, extortion yes but not much we can do about it.
They understood we couldn't pay it so let it go for a bit, but recently giving us issues with it.
So we came to an agreement with one of the people at the agency to pay it monthly. Have it in writing that they accept this.
Call today stating never accepted to pay it monthly.

Received a call from the head agency guy wanting to discuss 'our future'. Stating that at the end of this agreement we may not be living here any more at the end of the term.

I asked on what basis. An he advised. 1: Their agency charge not being paid in full. 2: The rent being late. 3: My attitude? (I'm sorry but at this point in the conversation he had thoroughly !!!!ed me off with what he said, see below)

I attempted yet again to explain the situation we have been in, he didn't really seem to care and consistently asked me to arrange a time to visit him in the office to discuss everything. I advised I saw no reason to do that when we can discuss everything on the phone. Apparnetly he needs to talk to advise the landlord or something?

Advised financial situation inst great(not that its any of their concern yet we have told them on numerous occassions) and that we have always paid the rent AS SOON as my brother gets paid, sends the money to my account so I can send our rent in one payment. (I CANT CONTROL THE BANKING SYSTEM TAKING TIME FOR THE RENT TO GET THERE).

However from me advising of my 'financial issues' with redundancy and that we agreed to pay their charge monthly. He refused it and I said that I would have no alternative but to add it to my debt management plan as we will not be forced to pay something we physically cannot afford to pay in one go. It is not the rent so is not a priority, yet he stated it was.

He was even questioning my !!!!!!!g working pattern!!! An how often I worked and asked why I couldn't pay it earlier? Sorry but I cant afford it on my own! I don't earn great salaries like he no doubt does.

From this he assumed I was going bankrupt!!!! And asked if I was! HOW DARE HE!? Whilst my financial situation is not great I have always insured I have paid my bills, through redundancy, loss of income and whatever else has come up! Rent has always come first!

He has no right in assuming that, it is non of his business EVEN if I was as his rent would still be paid!

So yeah, not amused. I tried to explain it to him but he throughly !!!!ed me off.

Lets not forget here! On two occasions they have sent people to this house WITHOUT TELLING US!

THIS IS THE LAST STRAW! It feels like harassment if I am honest.

We made a date for next Monday at 4pm to meet him, however I am speaking to my law club thing through work before doing so to see where we stand.

Whilst I understand their side of the issue, they have not understood or even wish to listen to ours and help.

Sorry I felt like I had to get that out! It really was bugging me! An thought sharing it might be better to show how crap some of these agency's really are!

ILW

You do have to bear in mind that the LA is working for the landlord, not you.

princeofpounds

1: Their agency charge not being paid in full.
- Nothing to do with you as a tenant.

2: The rent being late.
- valid grounds for eviction once it goes beyond 2 months overdue or consistent late payment. A judge needs to approve on a discretionary basis however (for instance, if there are two months overdue but the tenant has paid back some arrears on a payment plan for several months and they are close to being under 2 months, the judge might not permit an eviction)

3: My attitude?
- not a ground for eviction.


regardless of all this, once the fixed term is up the landlord can evict you on section 21 grounds (i.e. just terminating the tenancy) with no justification needed.

your personal circumstances, whilst I am sympathetic, do not have to form part of any consideration the landlord may have on whether to extend your tenancy.

finally, keep in mind that it is always the LL who decides when to evict, not the agent, although agents can facilitate the process if the LL gives them authority. If you think the agent is an obstruction to the relationship, contact the LL directly. You have a legal right to know their name and address within 21 days if you submit a written request.

Unkownn

princeofpounds wrote: »

1: Their agency charge not being paid in full.
- Nothing to do with you as a tenant.

2: The rent being late.
- valid grounds for eviction once it goes beyond 2 months overdue or consistent late payment. A judge needs to approve on a discretionary basis however (for instance, if there are two months overdue but the tenant has paid back some arrears on a payment plan for several months and they are close to being under 2 months, the judge might not permit an eviction)

3: My attitude?
- not a ground for eviction.


regardless of all this, once the fixed term is up the landlord can evict you on section 21 grounds (i.e. just terminating the tenancy) with no justification needed.

your personal circumstances, whilst I am sympathetic, do not have to form part of any consideration the landlord may have on whether to extend your tenancy.

finally, keep in mind that it is always the LL who decides when to evict, not the agent, although agents can facilitate the process if the LL gives them authority. If you think the agent is an obstruction to the relationship, contact the LL directly. You have a legal right to know their name and address within 21 days if you submit a written request.

1: What I thought and had heard about.
2: Not in any arrears. Payments just are late. Cant control when our Employers pay us.
3: I knew that :P

Yeah I've spoken to a legal person and they advised what you just did.

Though they can ask us to leave, we dont have to comply, they then go to court and the judge will listen to us and decide.

Heh going to CAB to see if they can help at all (well not today as closed). Probably not but who knows.

Even if we could get the due date changed then it would solve the problem.

BadgerFace_2

You could suggest to the agency, that your rental period be changed on your new contract, so there would be no problems with late payment of rent. It also might be worth talking to the landlord directly if you feel he/she is going to get a very one sided view from the agent.

Jowo_2

If payments are regularly late, then you are regularly going into arrears, end of. The day after rent is due and it is unpaid, the tenants are in arrears. It is within your control to pay the rent when it is due, either by budgeting better for it or arranging an overdraft so the payment can go out on time. A landlord does not have to lump this.

If you are correctly served an S21, a notice to quit, which gives the tenants 2 months notice, this is known as a 'no fault' notice. You don't get a chance to influence the outcome at all - the judge must give possession to the landlord if its been validly served. You can ask for an extension of when the possession order takes effect for an additional few weeks but in these circumstances the judge will not listen to you and decide whether or not to award possession - the landlord will get it. Some tenants receive the S21 upfront at the start of the tenancy, did you?

Unkownn

Jowo wrote: »

If payments are regularly late, then you are regularly going into arrears, end of. The day after rent is due and it is unpaid, the tenants are in arrears. It is within your control to pay the rent when it is due, either by budgeting better for it or arranging an overdraft so the payment can go out on time. A landlord does not have to lump this.

As advised I am on a DMP with CCCS and unable to take further credit/overdrafts out.

Budgetting better? All we require is my brothers pay, which is not in our control as its a fixed date!! How do you expect me to pay for every single house bill and the full rent on the low income I get??

I am working as much as I physically can due to income loss and looking at all ways of making money.

Unkownn

BadgerFace wrote: »

You could suggest to the agency, that your rental period be changed on your new contract, so there would be no problems with late payment of rent. It also might be worth talking to the landlord directly if you feel he/she is going to get a very one sided view from the agent.

How does one get in touch with their landlord?

princeofpounds

Not in any arrears. Payments just are late

If payments are regularly late, then you are regularly going into arrears, end of

Be careful! Arrears and overdue are NOT the same thing. Strictly speaking arrears is paying after the relevant rental period.

But if you are required to pay one month in advance, you can be 2 months overdue without being 2 months in arrears. Overdues it what matters for eviction, not arrears.

Sometimes people use the phrase arrears in order to mean the same thing as overdue, but in the case of tenancies it's important to be precise on this.

So the OP could be right, they might be overdue but not in arrears.

If you are correctly served an S21, a notice to quit, which gives the tenants 2 months notice, this is known as a 'no fault' notice. You don't get a chance to influence the outcome at all - the judge must give possession to the landlord if its been validly served.

Only if the fixed term of the tenancy has/will expired, just in case anyone is reading and needs the clarification. Section 21s effectively end a tenancy once the fixed term is over, which is why they are non-discretionary; the agreement that was initially made has ended.

Jowo_2

Unkownn wrote: »

Budgetting better? All we require is my brothers pay, which is not in our control as its a fixed date!! How do you expect me to pay for every single house bill and the full rent on the low income I get??.

Find cheaper accommodation to suit your budget. Post a Statement of Accounts on the debt free wannabee board and let the experts there suggest further money saving and debt management tips. Speak to your banks to arrange an overdraft that can accommodate his rental period. Put both your details into the Entitled to (turn2us) website to see if you are entitled to any Local Housing Allowance for example. Speak to your employers to arrange a new pay cycle.

Because it's clear your agent (thus probably your landlord) is intolerant of persistently late rental payments and like virtually all, are completely unwilling to listen to sob stories, however genuine and upsetting this is for the tenant.

You have signed a contract. If you have signed a joint tenancy agreement with your brother, they aren't 'his' arrears, you are jointly and severally liable.

Unkownn

Jowo wrote: »

Find cheaper accommodation to suit your budget . Post a Statement of Accounts on the debt free wannabee board and let the experts there suggest further money saving and debt management tips. Speak to your banks to arrange an overdraft that can accommodate his rental period. Put both your details into the Entitled to (turn2us) website to see if you are entitled to any Local Housing Allowance for example. Speak to your employers to arrange a new pay cycle.

Because it's clear your agent (thus probably your landlord) is intolerant of persistently late rental payments and like virtually all, are completely unwilling to listen to sob stories, however genuine and upsetting this is for the tenant.

You have signed a contract. If you have signed a joint tenancy agreement with your brother, they aren't 'his' arrears, you are jointly and severally liable.

I believe anything lower than what we have is a council house or the YMCA! Even then there's a waiting list for a council house. We've looked.

Statement of Accounts? Done already, its as low as we can get it. Unless you don't want us to live. Trust me we have huge cut backs!

Banks. I guess you didn't read my last post properly. We cant and I am not allowed.

Employers changing pay date. No chance at all.

Thanks for your feedback and to all who have, but as advised we are not in arrears. We are paid up in advance as per the last chaps comments.

Oh and yeah our sob story is boring, but unfortunately its the situation we are in. They are getting their rent, simply a few days later! They are being highly unreasonable.