Housing Benefit declined

alfiesmum

I'm not sure of it's significance in your case, but a tenancy agreement has to be set up BEFORE you move into a property. It is not legal if you already occupy the dwelling. I would think (possibly) that this point alone would render the agreement non valid, so perhaps the housing benefit people threw it out on that? It does sound as though it was a private arangement, and that there was the possibility he was in a relationship with you. 9 years will be a long time for someone at work to do you a favour. I'm not saying I disbelieve you by the way, but that it looks suspect to the housing department, that's all. Now your daughter is older could you work full time maybe? Be a shame to move out of your home after you've lived there so long.

On a seperate point, the 'landlord' would have MAJOR trouble evicting you. Your tenancy agreement as it stands today is not valid. It was an oral agreement, which falls under a different law. The law where it's nigh on impossible to get a tenant out. I would think a letting agency would have known this to be honest with you. It all sounds a bit up in the air to me. Hope this helps.

frisbee

I appreciate your replies, it is good to see it through other peoples eyes. I was never in a relationship with the guy, I am suprised he didnt ask for rent sooner, but i was never gonna bring it up, when i signed the aggreement i inteneded to work more hours to pay the rent, but cut backs at work mean I cant. I have read a little about "contrived" but if that was the case i would have been claiming rent when i wasnt paying it really. Should i contact the guy our of courtesy or leave it upto the letting agency.

terryw

alfiesmum wrote: »

I'm not sure of it's significance in your case, but a tenancy agreement has to be set up BEFORE you move into a property. It is not legal if you already occupy the dwelling. I would think (possibly) that this point alone would render the agreement non valid, so perhaps the housing benefit people threw it out on that? It does sound as though it was a private arangement, and that there was the possibility he was in a relationship with you. 9 years will be a long time for someone at work to do you a favour. I'm not saying I disbelieve you by the way, but that it looks suspect to the housing department, that's all. Now your daughter is older could you work full time maybe? Be a shame to move out of your home after you've lived there so long.

On a seperate point, the 'landlord' would have MAJOR trouble evicting you. Your tenancy agreement as it stands today is not valid. It was an oral agreement, which falls under a different law. The law where it's nigh on impossible to get a tenant out. I would think a letting agency would have known this to be honest with you. It all sounds a bit up in the air to me. Hope this helps.

OP,

Please do not act upon this post. You need proper advice.

Colincbayley

alfiesmum wrote: »

I'm not sure of it's significance in your case, but a tenancy agreement has to be set up BEFORE you move into a property. It is not legal if you already occupy the dwelling. I would think (possibly) that this point alone would render the agreement non valid, so perhaps the housing benefit people threw it out on that? It does sound as though it was a private arangement, and that there was the possibility he was in a relationship with you. 9 years will be a long time for someone at work to do you a favour. I'm not saying I disbelieve you by the way, but that it looks suspect to the housing department, that's all. Now your daughter is older could you work full time maybe? Be a shame to move out of your home after you've lived there so long.

On a seperate point, the 'landlord' would have MAJOR trouble evicting you. Your tenancy agreement as it stands today is not valid. It was an oral agreement, which falls under a different law. The law where it's nigh on impossible to get a tenant out. I would think a letting agency would have known this to be honest with you. It all sounds a bit up in the air to me. Hope this helps.

Complete codswallop. :eek: Do no reply on this post.

frisbee

If I do get into arrears and get evicted will it affect renting in the future. It seems unfair that i would be entitled to housing benefit, but because I have lived here for 9 years and not claimed so far i am going to be forced to move out.

Colincbayley

frisbee wrote: »

If I do get into arrears and get evicted will it affect renting in the future. It seems unfair that i would be entitled to housing benefit, but because I have lived here for 9 years and not claimed so far i am going to be forced to move out.

The short answer is yes it will affect you.

Have you submitted an appeal to the council?

MissMoneypenny

clutton wrote: »

""First of all, you can't be evicted in the first 6 months.""

this is not true.. if any tenant gets more than 8 weeks in arrears at ANY time, the LL can apply to the court for possession of the property - and as long as the arrears are more than 8 weeks on the date of the court hearing the judge will grant possession to the LL

I had assumed that what PN meant was that: the 6 month contract only has 4 months to go and by the time the OP got into 2 months rent arrears and it then has to go to court, the 6 month contract would be finished?

MissMoneypenny

"2] Is there gas at the property? Have you got a current gas certificate (new one needed each year) letting agency has not sent anybody out to do this yet"

It is illegal to rent a property in England and Wales without a gas safety certificate. Maximum fine is £5,000 and six months in jail. Unlimited in county court.

The tenancy agreement that you sent to your council will have one state date on it and when the landlord does get the gas safet cert, this will show that he rented the property without the required GSC. He will get fined for this if the council find out. For the safety of you and your child, you must make sure the landlord gets a suitably qualified person to do the gas safety check this week.

Did he do the electics in the house himself? Or did he use a qualified electrian?

MissMoneypenny

From Shelter (England) website:-

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/home_safety/gas_safety/gas_safety_precautions#2

Have gas safety checks carried out every year

All rented properties must have a valid gas safety certificates, a copy of which should be given to the tenants. This will check:

• the gas supply pipework
• that all gas appliances are working safely
• that all gas flues are working safely and are suitable
• that gas appliances have adequate ventilation.

By law, gas safety checks (and any work required) must be carried out by registered gas installers. You can ask to see their Gas Safe Register ID card.


Gas safety checks should be carried out at least once a year. If you are a tenant, it's your landlord's responsibility to arrange this.

PasturesNew

clutton wrote: »

""First of all, you can't be evicted in the first 6 months.""

this is not true.. if any tenant gets more than 8 weeks in arrears at ANY time, the LL can apply to the court for possession of the property - and as long as the arrears are more than 8 weeks on the date of the court hearing the judge will grant possession to the LL

Ah thanks for clearing that up.

OP, clutton's advice is correct.
My opinion is wrong.