Emergency advice please losing our home after separation?

cobbingstones

Hi all,

My husband and I have recently separated and I have had to apply for hb to help me with the rent. The contract is in my husband's name so I have been asking the agents to amend it to include mine. They have rightfully had to ask the landlord's permission which they agreed. It's taken nearly two weeks, and I am calling most days asking if the new contract is ready? Today the senior rental negotiator asked why I needed it? When I explained she replied " we do take people with hb here, and I will now have to ask the landlord if he is happy for you to continue as the contract does now allow it".

I am in a state of shock now. Can they ask me to leave with my children? I have checked the tenancy agreement and it does not mention anything to do with HB. Really scared and confused. We love it here and we were hoping to stay fro three years as the LL is abroad and they are now expecting to return until then (even though the agreement is for 12 months only).

Please help.

Caz3121

It may depend on the agreements that the landlord has in place with his mortgage provider and insurance company as some will not agree/cover for housing benefit claimants (hence you often see 'no DSS' on adverts)

cobbingstones

Thank you Caz

Jowo_2

The contract in your ex's sole name cannot simply be ended by the landlord unless your ex gives his consent? Has he done so?

Have you checked what Local Housing Allowance (housing benefit) you could receive for the property to ensure it is sufficient to cover the rent? If not, look at the LHA direct website which will tell you the maximum you could get for the eligible size of property your household is expected to live in for your postcode area.

A landlord is permitted to end a tenancy without providing any reason, so long as it is done properly, and can refuse to offer a tenancy. A landlord can select any tenant that they like for the property so long as they don't breach certain laws, like disability and racial discrimination. There is no law that compels them to offer accommodation to someone because they are on benefits or have children or have previously lived there as an occupant (rather than tenant).

A tenancy agreement will generally not mention anything to do with housing benefit - it tends to deal with tenants rights and landlord's obligations based on housing law, covering things like repairs, notice periods, rental period, rent amount, etc.

All this sounds very harsh and I know you are shocked but I just want to make clear that there is no legal obligation for a landlord to offer you the tenancy for the reasons that you cite. Letting property is a business and HB tenants are notoriously risky and for this reason, I'd say the majority of landlords will not accept HB claimants. For you, it is very personal so I'm sorry that I can't offer you much comfort when you are seeking it.

One of the ways that HB claimants are considered less risky is if they can offer a guarantor. Sometimes this is the only way some landlords will accept them. Do you have a friend or relative who would be happy to be your guarantor. Typically, this is someone with sufficient income to pay your rent if you default and who will pass a credit check. If the landlord is not keen on HB claimants this could be one way to give them more assurance.

MissMoneypenny

Jowo wrote: »

I'd say the majority of landlords will not accept HB claimants.

How does the landlord know if he has a tenant on HB? From what I have read on these boards, all the councils' need is a copy of the tenancy agreement and the landlord doesn't have to be told. Perhaps some knowledgable person on these boards would confirm or deny that.

It's not the same in the OPs case though as her tenancy is in her husband's sole name.

Vader123

MissMoneypenny wrote: »

How does the landlord know if he has a tenant on HB? From what I have read on these boards, all the councils' need is a copy of the tenancy agreement and the landlord doesn't have to be told. Perhaps some knowledgable person on these boards would confirm or deny that.

Its imperative that land lords know that their tenant is asking someone else (ie the "DSS") to pay their rent for them. It is asked on every application form I have ever seen.

The simple fact is that since LHA is now paid to tenants and not direct to land lords means land lords are very reluctant to allow DSS to rent off them. Over 50% of LHA/HB tenants have been in some form of arrears.

Also some insurances and conditions of buy to let mortgages prevent the LL renting to DHSS. Plus some buildings insurance require notification if the tenant is on benefits to pay the rent otherwise cover is invalid.

So its imperative that land lords know you asking the state to pay your rent!

(Written as a LL!)

Vader

Jowo_2

MissMoneypenny wrote: »

How does the landlord know if he has a tenant on HB? From what I have read on these boards, all the councils' need is a copy of the tenancy agreement and the landlord doesn't have to be told..

They don't, unless the tenant volunteers this, or it comes up during any tenant screening checks performed at the outset of the tenancy, such as information requested on the tenancy application form. It's fairly standard to take up employer references so if the tenant can't offer one, or is working part time, for example, it doesn't take a genius of a landlord to work out that they intend to apply for benefits.

Tenants who were employed before the start of the tenancy, whose circumstances change and who are no longer working, for example, and move onto benefits after their tenancy start date, will find it easier to conceal their status as the LHA is just between them and the council.

but before a tenancy is granted, the only way a tenant can conceal their receipt of benefits is if they have a landlord who doesn't bother to undertake employment references and/or ask the tenant to complete a tenancy application form to understand their income.
I imagine only a minority of landlords hand over a key to a tenant without at least finding out if they can afford the rent and how it will be paid...

MissMoneypenny

Jowo wrote: »

Tenants who were employed before the start of the tenancy, whose circumstances change and who are no longer working, for example, and move onto benefits after their tenancy start date, will find it easier to conceal their status as the LHA is just between them and the council.

So in this case, if the OPs tenancy had been in joint names or her sole name, she could have just shown her tenancy agreement as proof she is renting, to the council and the landlord would be none the wiser?

Jowo_2

MissMoneypenny wrote: »

So in this case, if the OPs tenancy had been in joint names or her sole name, she could have just shown her tenancy agreement as proof she is renting, to the council and the landlord would be none the wiser?

Yes. That's my understanding of how LHA operates - it's between tenant and local council. As long as the tenant has a tenancy agreement, they apply for LHA and the landlord is not contacted.

One potential issue is if the LHA claim is not processed in a timely way and the tenant can't pay the rent - the tenant then may have to consider telling the landlord that the arrears are caused by a late LHA payment, or they may choose not to 'fess up.

Vader123

MissMoneypenny wrote: »

she could have just shown her tenancy agreement as proof she is renting, to the council and the landlord would be none the wiser?

I still think she needs to tell the LL due to the points about insurance and BTL mortgage conditions.

Edit - oh I see she has....

Vader