Tenant on Housing Benefit

skintsue · 22 August 2011 at 2:03PM

A bit of an update since my break. I finally got last months rent, but there is about a week to go to this months being due, any takers for the odds of it being on time/within a week late/more than a week.

There were double figure calls registered from the neighbours on my answerphone on my return, to notify me that someone had been chucking nappies into their garden.
I have, along with them, notified Environmental Health of this latest escapade. The neighbour has the forsight to photograph the articles in situ, and e-mail them to the LA as well, so when I rang they were aware, and taking some action - getting a member of staff to call round and 'have a word'.

I've demanded a copy of the references she submitted, who did the checks etc, and a copy of the contract she signed, which will be given to someone I know with a working legal background, who is going to go through them with a fine toothcomb for any usable clauses to get her out.

skintsue · 23 August 2011 at 11:36PM

Finally got the references e-mailed through today. No wonder they hadn't wanted to send them before and just gave me a potted version.
The tenant was checked on 15th and given a status of Acceptable with Suitable Guarantor. She has a CCJ from 6 months prior to moving in for £181 (okay it could happen to anyone, but would have been setting off warning bells) and a rating of 595 on the Tenant application score, whatever that is.
BUT the Guarantor also had a CCJ for £5172 and a score of 496. The reference was done 2 days before the tenant's and the status was given as NOT Acceptable as Guarantor, but the LA told me the tenant has a perfect tenancy report from the previous landlord, and a suitable guarantor, when the referal company said she was not.

It also transpires that as well as not getting proof that I had permission from the Mortgage company to let, the LA did not check whose name/names the mortgage was is, because if it is in joint names then both parties should sign the forms to give permission. Guess what - joint mortgage, only my name on the paperwork, and NONE of the yes/no tick boxes filled in, or the I/We options completed.

Tenant still playing silly beggars, thrown another nappy onto the neighbours roof today. Rang the LA and demanded they get her out as if I had known the details I would never let her through the door. They are trying to backpedal like mad, claiming I had known and okayed her with the history, which I didn't at the time, and that half the things I asked them to do, they couldn't, or wouldn't, such as getting the HB paid to them via the Council, so there wouldn't be the mess every month trying to get it on time.

Lost my rag, told them I was going to make a complaint to as many official people as possible, I wanted her out on any grounds available, there are multiple breaches of contract, and as they had got me into this mess by witholding relevant information, and not following the code of conduct I expected them to do the work ASAP and I did not see why I should have to pay for their incompetence. I expected them to fund all costs, including the legal fees, and not drag their heels getting her out.

Moaning to someone with an interest in these things - does a lot of pro bono (is that the correct expression?) who says that if they gave or witheld information that encouraged me to act in a way contrary to my best interests, didn't check that I had permission to let, not got hubby's signature on the contract as joint owner etc, that they are getting the management fees under false pretences. They have not acted on my behalf as there are several breaches of contract.

I have copied all the e-mails etc between us, highlighting all the bits they have missed out, the not best advice they tried to come up with, the non compliance with my instructions etc etc, and copied out the bits from the Code of Practice for Letting Agents that they have breached.

Anything else I should collect to add to the mix to fight my corner?
How about a Hex from a White Witch friend of mine?

Nothing too nasty - case of Montezuma's revenge, dodgy electrics, car problems?
Or just sit back and let them stew waiting for the Ombusman to get in touch?

clutton_2 · 24 August 2011 at 12:05AM

i can really understand now angry you are with the agent - and rightly so - you have ample grounds for complaints. However, your first job is to get the tenant out - and that means treating your agents with polite professionalism so that they will do their legal job of getting her out as quickly as possible.

As soon as they have succeeded in evicting her, then you can throw the book at them... sack them, get a new agent, get new tenants, aned only then focus on giving them what they deserve.

In the meantime, use their legal expertise to get what YOU want first, then you can make all the complaints you like.

evoke · 24 August 2011 at 8:44AM

Welcome to the world of unlimited benefits, courtesy of taxpayers. LOL.

clutton_2 · 24 August 2011 at 9:21AM

Ombudsman is a waste of time.... they have few teeth and it takes forever. Court is the only sanction any business takes any notice of - if they lose in court a CCJ will dramatically screw up a business..

skintsue · 26 August 2011 at 9:56PM

sorry error in quotes

skintsue · 27 August 2011 at 12:00AM

LA now being nasty.:mad:
I e-mailed them to tell them one of the neighbours might be contacting the press, but not sure if it was local, national, radio, paper or TV. Could even be internet for all I know.

Told them that if anyone approached me I would not be sticking with 'no comment'.

The manager responded with, and this is the exact wording, excluding LA's name - 'the only advise I will give you is to be careful of deformation of character and if you are implying that you wish to involve ******&** any libel comments.

My comment was going to be on the lines of "I would like them to explain why they put a woman that they knew was on HB, with a CCJ, and had no suitable guarantor, into my, or any other house?"
As I have evidence, provided by themselves, and paid for by me, to back up this, can they claim this to be deformation of character or libel?

If one of the neighbours wants to contact the Press, that is freedom of speech, and I can't stop them. I am only getting information from them, and don't see it first hand, so I pass it onto LA, or get the neighbour to do it as they see exactly what happened.

By the same token, if I am asked a direct question that they might find embarrassing, am I supposed to lie to the questioner? Isn't that part of what this is all about? Being loose with the truth, and hiding the parts you don't want anyone to know about.

Do you think they realise they have been found out, and trying to intimidate me into covering up for them?

By the way - rent was due yesterday, not in LA's account today. They checked with her and she claims to have paid it by internet yesterday. They said it will be 3 working days to get in, today is day one, Sat & Sun don't count, Mon is a Bank Hol, so earliest it will be in (if she has paid) is Wednesday, and then same to get to me, so I will be lucky if it gets into my account by the following Monday. Only 12 days after the day it was meant to be in the LA's account. Some kind of record.

Must keep smiling.:DActually it's not a big grin - I'm just gritting my teeth!!;)

BitterAndTwisted · 27 August 2011 at 1:29AM

It's defamation not deformation. Although the latter is what I expect you'd like to do to that agent.

You cannot be sued for defamation, slander or libel if you tell the absolute, unvarnished truth. So, should you have the press clamouring for a quote, just stick to the bald facts.

That quote from the agent sounds like a load of bluster to me but be careful. They can probably afford more expensive lawyers than you.

SuzieSue · 27 August 2011 at 10:56AM

As someone said below, your best bet is to sue them throught the Small Claims Court. You seem to have all the evidence you need so they won't have leg to stand on.

clutton_2 · 27 August 2011 at 11:08AM

Courts should be a Last Resort.. so first of all you need to write a Letter Before Action outlining the situation as briefly as you can, with relevant dates, and the amount of money you think they should pay you and a date by which they should pay you - 14 days is usual - then wait. If they do not reply, you can write again giving them 7 days and adding that if they do not pay in 7 days court action will follow with no further correspondence.