Tenant with housing benefit

morganslv

marleyboy wrote: »

28 days later, t

Good film.

lfckerry

well ive just spoke to the housing office,they are still dealing with claims from october. the forms i filled in were only to get the first payment directly to me as it will be a lump some of arrears. going to be a few more weeks yet. i really dont know what to do

marleyboy

zzzLazyDaisy wrote: »

That much is obvious. The tenant is still within the fixed period of the AST, which means the LL cannot seek to evict unless the Tenant is at least two months in arrears - not only at the date of the S8 notice, but also at the date of the court hearing (which may be some time later).

If a LL tried to evict the T on giving 28 days notice, as per your advice, s/he could end up with a claim for unlawful eviction.

Does this mean (at least technically) I could cease paying my rent, and live here rent free for a good 6 Months or more?

I must admit as a tenant that sounds very tempting Any chance of a house lfckerry. :D

marleyboy

lfckerry wrote: »

well ive just spoke to the housing office,they are still dealing with claims from october. the forms i filled in were only to get the first payment directly to me as it will be a lump some of arrears. going to be a few more weeks yet. i really dont know what to do

I seriously dont think you should worry yourself, its still early days (especially in LA terms), a few more weeks and it will be backdated for you anyway.

lfckerry

it just annoys me that they seem very casual about the whole thing and seem to think its ok to take as long as they like. its peoples lives they are dealing with and roofs over peoples heads

tbs624

lfckerry wrote: »

I have rang the housing office and they confirmed that her claim has not been dealt with and confirmed they received her application on 4th Nov.
I did not get any rent in advance. i did receive a deposit which is nearly the same amount as a months rent and it is protected by the DPS.
she has told me she is goin to the housing office this week to chase it up so may give her till then and then send her that letter next week. my patience is wearing thin!

Do the letter now, together with a clear rent statement and a formal request for the unpaid rent to be dealt with . She can then take this with her to the benefits office

tbs624

BitterAndTwisted wrote: »

remind them that should they fall into two month's of arrears you could apply to the court to have her evicted.
.

zzzLazyDaisy wrote: »

Tthe LL cannot seek to evict unless the Tenant is at least two months in arrears -.

..it's two months *unpaid* where rent is due monthly


Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

(a)if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid;
(b)if rent is payable monthly, at least two months' rent is unpaid;

silvercar

lfckerry wrote: »

well ive just spoke to the housing office,they are still dealing with claims from october. the forms i filled in were only to get the first payment directly to me as it will be a lump some of arrears. going to be a few more weeks yet. i really dont know what to do

Speak to your local councillor. You could also tell the housing office that you will start serving notice etc if they don't make an interim payment.

silvercar

tbs624 wrote: »

..it's two months *unpaid* where rent is due monthly


Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

(a)if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid;
(b)if rent is payable monthly, at least two months' rent is unpaid;

two month's unpaid occurs the day the second months rent is due and not paid, if the first months rent has not been paid.

tbs624

marleyboy wrote: »

I have no idea what the time scale is for enforcement, which is why I suggested as a way to nudge the tenant.

28 days notice is what my Landlord could give me to vacate, as my rent is paid a Month in advance INCLUDING my deposit (equivalent to 1 Months rent).

If I did not pay next Months rent on the due date, I have no qualms that my Landlord would give me a 28 day notice to pay up, if I STILL did not pay up 28 days later, the Landlord would be in his rights to serve me with an eviction notice whilst detaining my deposit.

T has to owe two months' worth of rent, both at the time of application to the court and at the actual court hearing date for a S8, G8 (a mandatory Ground) to succeed. Most lawyers/housing advisers will suggest to a T in those circumstances that they pay down some of the debt prior to the hearing. The other options "relating to unpaid rent/persistent late payment) S8, G10/G11 are discretionary Grounds.

You may like to read up on it just in case you find yourself in difficulties in the future, otherwise I guess your LL would be very pleased to get his property back so quickly.;)