Harrassment from LandLady what are my rights?

bonniesweetheart588

Blackpool_Saver wrote: »

You should not have let it get so high, that's all I am saying, surely you could have asked for an interim payment from HB or tax creds, or from anywhere, why let it get so high?

I've been struggling with the depression for months now, and I just couldn't see a way out, I didn't know what to do to try to sort it all out. I didn't even know I could ask for an interim payment from them tbh.

bonniesweetheart588

dotchas wrote: »

Once your benefits are sorted will this not give you a lump sum payment? Will that go towards the debt?

Of course it will go towards the debt, but it wont cover the whole amount. Plus I have to cover my electric, water, car costs that have built up while I'm waiting for them to sort it out. Anything left over after that will be paid directly to her, because I just want her off my back as soon as I can.

dotchas

Maybe try over on the benefits forum and the debt forum they are full of fantastic advice. Good luck.

Blackpool_Saver

I am sorry I don't mean to hurt you I am just trying to be honest. You are fortunate to have family to help you. I hope you get sorted out.

Will you come back and update us?

Werdnal

Did you pay a deposit when you moved in? How much was it? Could you use this to pay off some of the rent owed?

I would also advise that despite your obvious differences with the LL, try to leave the property in a good condition and do not give her any reason to hit you for a damages claim. I know you may not feel obliged to do her any favours, but it would help prevent chasing you for anything else!

bonniesweetheart588

I will, I just struggle sometimes to see the difference between constructive critisim and someone being nasty, since we got the letter from the LL earlier today demanding the payment in full on sunday, the stress has just taken over, and my medication doesnt seem to be helping at all.

Elton - All I was trying to get at with the harrassment side of things was, she is demanding we pay the full arrears on sunday morning, she knows our dire finanicial state, and considering her past behaviour towards us, I'm not expecting her to be rather pleasant come sunday morning. Hence wanting to know where the hell I stand, what my rights are regarding if she becomes nasty over us not being able to come up with the cash on sunday.

bonniesweetheart588

Werdnal wrote: »

Did you pay a deposit when you moved in? How much was it? Could you use this to pay off some of the rent owed?

I would also advise that despite your obvious differences with the LL, try to leave the property in a good condition and do not give her any reason to hit you for a damages claim. I know you may not feel obliged to do her any favours, but it would help prevent chasing you for anything else!

I'm already well aware of that one, and however much I would find some sort of satisfaction with leaving her a right royal mess to clear up. Its not beneficial to my situation in any way. It would just mean I'd be landed with more debt to pay, as I'd be left with the clean up bill. So the house will be as spotless as we can make it.

To be honest with you I had completly forgotten about or deposit. It was one months rents worth, which would bring the arrears down.

Werdnal

bonniesweetheart588 wrote: »

I will, I just struggle sometimes to see the difference between constructive critisim and someone being nasty, since we got the letter from the LL earlier today demanding the payment in full on sunday, the stress has just taken over, and my medication doesnt seem to be helping at all.

Elton - All I was trying to get at with the harrassment side of things was, she is demanding we pay the full arrears on sunday morning, she knows our dire finanicial state, and considering her past behaviour towards us, I'm not expecting her to be rather pleasant come sunday morning. Hence wanting to know where the hell I stand, what my rights are regarding if she becomes nasty over us not being able to come up with the cash on sunday.

I would suggest that to avoid a full scale slanging match on Sunday, you put your case down in writing. Explain that you fully appreciate the LL's position regarding the money owed, and you fully intend to pay off the arrears as soon as your benefits are cleared, but you can offer to pay her £xx amount per week until then. In the letter state that if she will not accept this, you suggest she applies to the courts for the money owed (as you do not have the money she will not get repaid any quicker through this, and as you have already admitted your credit rating is shot, this won't make it much worse). Give the LL the keys and the letter and keep a copy for yourself. If it does go to court you will then have written evidence that you have tried to meet the LL half way. This will also buy you a little more time to help sort the benefits situation.

Next step, tomorrow morning as soon as they open, get on the phone to the benefits office and start chasing your claim, and apply for an emergency payment - I think they call it a poverty grant or something - maybe someone else can confirm this? If you are being expected to live on such a low income, they must give you something as an interim payment.

I know you feel that we are being harsh on you, and I understand PND having suffered from it myself, but the fact that early on you seemed hell bent on using a harrassment counterclaim against your LL, and seemed to be dismissing the fact that she is naturally !!!!ed off over the debt didn't help your cause.

However, in your tenancy agreement, the 24 hour notice clause does not apply to the LL knocking on the door asking for rent. Even if she went a little OTT with the "verbals", she is totally within her rights to expect you to pay rent, and as these arrears have gone on so long, I understand her situation. The 24 hour notice period stated is to gain access for inspections or repairs and would not apply in this case.

Before you leave, take detailed photos of the property, showing the condition of every wall, carpet etc in every room, as proof you left it in good condition.

Norman_Castle

The landlady failed to inform us of a shortfall between the amount the council were paying her, and how much she was asking.

Assuming you were entitled to housing benefit at this time the benefits agency may pay the shortfall. Have you asked them?.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/what_counts_as_harassment

Blackpool_Saver

I am going to say one more thing then I am going to bed, it is not the landlady's responsibility to inform you about shortfalls between what they have paid her and what should be paid. That is your responsibility. You can find out how much you should be paid by going to your councils website and looking up your LHA (local housing allowance table) this will show the maximum you can be paid. In future get the money paid to you, add to it what you owe and pay the landlady yourself.

Goodnight, and yes I know all about depression, I am a carer for my son who has bipolar.