I'm seething....

minnymoney

I do do my own finances and I have taken the step to ensure my LL gets her rent. Being paid every 2weeks is worse as as she receives a payment every week as my benefits don't marry, she didn't want this so I changed it for her which suits me fine as well.
This way she knows and I know the exact amounts every month.(4 weeks) I think she has budgeting issues more than I.
I like the idea of sending her a breakdown...excel
I have done this already in a different format but she hasn't received the recorded letter.
I have to wait until she sees it in black and white...
I'm keeping records.
She has already had £1100 and I'm bang up to date, when I went through the figures over the phone with her, checked her bank details she was surprised she had had that much...me thinks the lady doesn't know what she is doing.
she won't write letters, she won't talk to the housing office...what else can one do? I have tried but she resists any education on the matter...I think she is in financial difficulty myself.

Pepzofio

Open a basic bank account, get the LHA paid into that and put in whatever 'top up' is needed from your benefits whenever you receive them. Set up a standing order or whatever to make the calendar monthly payments as per your TA. It will all balance itself out over the course of the year.

clutton_2

""I'm bang up to date"" - are you bang up to date with payment in arrears (LHA is paid in arrears)or are you bang up to date in advance - which is how rent should be paid ?

Minny - you say "I do do my own finances and I have taken the step to ensure my LL gets her rent"

i am not disputing that you do your own finances, that you are trying hard, and that you pay your rent.... BUT you are not paying it as per the tenancy agreement you have signed......

You seem to be saying, as do most of my benefit tenants, - "i get paid over x period - and that is how i am going to pay my rent - whether the LL likes it or not"

Do you think that a mortgage holder can go to the Lender and say - "i rather fancy paying once every 28 days instead of monthly?" of course they cant.....

Pepzofio has made a perfectly sensible suggestion - why cant you do that ?

Learning to budget properly is all part of taking responsibility for yourself... many many things have to be paid monthly.. electric, gas, council tax, and NONE of those companies will agree to a 28 day payment period.. why do you think a LL should be any different. ?

However the Council explained it to you is wrong - - you say you L ""will receive some payments early and some late."

Your LL weill NEVER get any payments early .. ALL payments to tenants and LLs are in arrears

I have been doing this for 11 years, and accounting for Benefit rent is a nightmare..... especially when top ups come in dribs and drabs.....

What a landlord wants is ONE payment per month 2-3 days before rent day.... end of

Cissi

I'm with Clutton -you need to make sure that she's paid monthly in advance and this will probably leave you out of pocket as LHA is paid in arrears - but unfortunately that is your problem.

However, she must protect your deposit according to the rules. As has been said, if she hasn't done this she can't ever issue a Section 21 to give you notice, and you could also sue her for 3 x the deposit - she can't even make any deductions for any damage etc. So maybe this is something to keep up your sleeve for later...

clutton_2

i had not spotted the lack of deposit protection... your LL is of course wrong in this regard... you could include this in your letter Minny ....

Jowo_2

minnymoney wrote: »

...

She is not listening and making it harder for herself. I think she wants to see the 600 in one lump and that is just not going to happen.

yes, your landlord sounds like an amateur and failure to protect the deposit is not acceptable. if there are gas appliances or boiler in the property, do you have a copy of the gas safety certificate?

The Shelter website is an excellent source of advice on your rights and her obligations.

but while your tenancy is clouded with some other issues caused by her poor management of the tenancy, if you have signed a contract that says you must pay £600 rent on x date per month, then you must pay this and any other arrangement you make without the landlord's permission is a breach of contract.

she doesn't have to adapt to your payment cycle, you must honour your contractual obligations. as stated before, one of the express reasons for the switch from HB to LHA was to encourage tenants to take greater personal responsibility and take ownership of their budget.

so your failure to pay your rent on time at the full amount isn't an issue between the landlady and the local authority, it is your responsibility and your problem to resolve.

i suggest you look into how you can reorganise your personal budget and set up a standing order which pays £600 per month into the landlady's bank account on the actual date it is due, rather than when it suits you.

clutton_2

just because someone is not good at maths does not make them wholly irresponsible... landlord or tenant..

poppysarah

Her claim the extra is for "insurance" is nonsense.

What amount is on the tenancy?

clutton_2

its not nonsense... benefit tenants often, but not always, attract an insurance premium.... that is IF a Lender AND and insurer agree to the cover in the first place......

tbs624

minnymoney, the bottom line is that, although the LL cannot evict you under a s21 if she has not protected your tenancy deposit, you do need to know that there are a couple of *discretionary* grounds for repossession under S8 of the Housing Act 1988

Ground 10

Some rent lawfully due from the tenant—

(a)is unpaid on the date on which the proceedings for possession are begun; and

(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.


Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

If you and your LL can/have come to some arrangement to pay on different dates to those in your contract then , to protect yourself, you need to have that agreement in writing. If the LL won't do that then you need to pay on time and in full, when the contract says so.

I would sort the rent issue out as soon as you can and then ask the LL in writing to get your deposit scheme registered. If you think she is currently in financial difficulties that is even more important or you could be kissing your tenancy deposit goodbye.