Housing issue

Leedash

Firstly hi all,im asking on behalf of a relation but do have all her details in need of advice and help,here goes.
firstly she is a single mum in reciept of housing benefit,currently renting a private house,which is around 595 a month,well being in the property she has now been given notice (depart sept) only being in there six months dead on,as letting agency said it has been sold to contract,she is 2-3 weeks behind with rent as payment went straight to her and not letting agency,but they still owe her £595 deposit,on her deparure.
Well she registered with the local council ages ago which she had been placed in to a band 2 catagory,to bid on housing in the local area,well they wanted her to 'update' her details which required a reference from the letting agency,which they have named and shamed saying she owes rent,which is only 2 weeks, bills are up to date,but they owe here just under six hundred in deposit money ?
Another housing group in the area have said stick in the property until they get court orders sent out,as leaving before your end date,you will be making yourself volountry homeless,they also said i could be in the property until december ?
any help please pass on

BitterAndTwisted

What sort of "notice" has she been given and why is she in rent arrears?

The deposit is not rent paid in advance, it's as security for any damage which the tenant may have caused.

Leedash

Just asking her she only had a six month agreement,which letting agency gave her some jargon that she could be in it as long as she wanted,the rent was paid to her and not letting as they wanted this way,until now,it was a mess up with an unpaid bank dispute and they took some of the money,now shes obviously in reciept of benefit and no loan sharks to ask to pay it back,she can only offer them a pay back agreement

BitterAndTwisted

LHA (Local Housing Allowance) is always paid direct to the tenant and they are responsible for ensuring that their rent is paid in full and on time. This does not explain why she is in rent-arrears.

What sort of "notice" has this person received?

Leedash

i can assure you that the allowance went in to her bank and the letting agency was paid over the phone,september the 9th @ 11am or £25 per hour charge

Leedash

so would she get the deposit back even though in rent arreas all being well with the house,which it is

BitterAndTwisted

The landlord would be entitled to make a claim against the deposit for any unpaid rent at the end of the tenancy.

What sort of "notice" has this person received?

Leedash

so if the deposit is £595 and she owes £200 she get 295 back ? the notice is setember the 9th been in since feb/march

Leedash

£395 sorry

dancingfairy

O.K so the tenant is in rental arrears which isn't great but hey..
The agency have a deposit which will be returned in full at the end of the tenancy minus deductions for problems with the house etc.
What is important is whether it's just a normal notice to leave or whether they are being asked to leave because of rental arrears etc - what does the form say on it - section 8, section 10, 21?
If it is a 'normal' notice in that the landlord isn't saying it's because of late rent etc then it syas they want the house back on such and such a date, if the tenant doesn't leave then the landlord then has to go to court to get a court order (which tenant can try and string out if doesn't have house lined up), landlord then has to instruct bailiffs, bailiffs sometimes have waiting lists etc etc.
Council help is often severly restricted so some councils will only help people when they are actually homeless - ie bailiffs on the doorstep to evict and if someone leaves early they will say it is voluntary homelessness Unfortunately people sometimes have to resort to staying until the bailiffs turn up and risk annoying the landlord and costing them a lot of moneybut sometimes people don't have a choice.
df

Leedash

all i know the original agreement has six months on it,it does not say anything about rent arrears on letter,but we have had people from an energy saving saying they are looking round for next tennant ?