Help with Rent in advance?

crossstitchamy

Hi all,

What it is i have not long ago split up with my partner and we're stuck in limbo of what we can do next as we have no money and i really need my space. I have been hoping maybe our landlord may have another place for one of us, hopefully i can pay the deposit (if can get a loan) and then as we both been good tenants hopefully she will wait for housing benefit to come through.

We're both on Income based JSA and have considered budgeting loan from the social fund.
But we're afraid that we will get turned down as for one they don't accept applications for help with deposit or bond. And if we ask for rent in advance off them we gotta show a tenancy agreement for the new place and don't think we can get that until we pay the deposit where we were thinking we could use the rent in advance for the deposit and then the landlord will hopefully wait for the housing benefit to come through. I am also guessing that the social fund will also ask if there is a deposit so if there is one there would be a tenancy agreement. so if theres no deposit then there wont be any rent to pay for as i wont be getting the place hense them not sending me rent in advance. Also they wont bother at all over the christmas.
If one of us go to CAB they will only send us to Shelter and i dont want to bother a charity really if i can help it.
Is there anything the council can do? Cos we're both living here and i have no responsibility to write an eviction letter as the council will probably ask for to be able to help us. we're both over the age of 25.
Please any good ideas would be very grateful thanks a lot.

BigAunty

Some councils operate deposit guarantee schemes. Check if yours does.

Also, I believe that the LHA can be processed ahead of the moving in date (I assume this is as long as there's a signed contract) so that could give an extra way for the payment to come through.

A HB claimant can also request an interim HB payment if, after 2 weeks of submitting all the proper docs, the council hasn't got around to processing the claim.

Note that from January 2012 onwards, there is a change whereby the age for being entitled to your own 1 bedroom place is being increased from 25 to 35. How old are you? If you are under 35, then you will be affected by this and only be permitted a rate equivalent to a room in a shared property.

suelees1

Don't dismiss Shelter they are exactly the type of agency you need. They will advise you on any rights you have and of the LA's duties.

Some local authority's run a rent deposit and bond deposit scheme

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/bond_schemes

crossstitchamy

BigAunty wrote: »

Some councils operate deposit guarantee schemes. Check if yours does.

Also, I believe that the LHA can be processed ahead of the moving in date (I assume this is as long as there's a signed contract) so that could give an extra way for the payment to come through.

A HB claimant can also request an interim HB payment if, after 2 weeks of submitting all the proper docs, the council hasn't got around to processing the claim.

Note that from January 2012 onwards, there is a change whereby the age for being entitled to your own 1 bedroom place is being increased from 25 to 35. How old are you? If you are under 35, then you will be affected by this and only be permitted a rate equivalent to a room in a shared property.

Thanks Big Aunty, Yeah they have a bond board in my area, but you have to get refered from council where the council will want a eviction notice.
Is there anywhere else to get a bond? Cos if i get rent in advance from HB to use as a bond then i wont get rent in the the few furture weeks.

are you saying that in january the council will have a responsibility for up to people of 35 yrs of age? I'm 26 my partner is 37. But one of us still needs a eviction notice i think?

BigAunty

I'm not aware about any requirement to have an eviction notice from a landlord in order to qualify for any kind of bond scheme, first I've heard of it, though I'm aware they are generally pitched at those in housing need and on low incomes.

On the change in housing benefit for those under 35, there is a widget on this website that you can use. For some reason, I can't find it but you might be able to if you look for search terms like 'are you affected by the housing benefit changes'.

Yes, as you under the age of 35 when your tenancy starts in January, you will only be entitled to a rate of LHA that is equivalent to a room in a shared property, not a self contained 1 bedroom property to yourself. Check your LHA entitlement on the Direct Gov website - you don't want to end up signing a tenancy for a place that you can't afford. I'm assuming you are looking for accommodation with a private landlord.

crossstitchamy

Well at the moment this place is £85 a week. So with the new rules the LHA will pay less than that? i will have to check on the site then but dont think they will have that up yet on there will they?

ok to be honest. The bond from this place is from my savings, but his name is on the rent book. The landlord hasnt even done the tenancy agreement yet. so who has the right to stay here? I do feel guilty in dumping him and then throwing him out as well. I said i'd help him to no avail. But he just won't go and asks why should i go? How do i get rid of him if i have the right to? So if he goes he wont get any help as he is over 35. Thanks

BigAunty

crossstitchamy wrote: »

ok to be honest. The bond from this place is from my savings, but his name is on the rent book. The landlord hasnt even done the tenancy agreement yet. so who has the right to stay here? I do feel guilty in dumping him and then throwing him out as well. But he just won't go and asks why should i go? How do i get rid of him if i have the right to? Thanks

See the Shelter website for advice on your rights - they have a relationship breakdown section, plus they have advisers and some local offices.

As you don't have a tenancy agreement, I'm a bit confused about your status.

Is the current housing benefit claim is made in both your names?

See what Shelter say - if you are a joint tenant then either party can end the tenancy agreement by serving notice to the landlord and whoever wishes to stay should negotiate a new agreement. Joint tenants mean that both have the right to occupy the property. So it's really a question of negotiation

If he is considered the sole tenant, then you have no rights to stay, no more rights than a guest.

Since you are under 25, chances are that you may not be able to afford the property if he were to leave anyway. What is the rent and what is your LHA entitlement from January - the rate for a shared property? It's tough to run a property on a sole JSA claim and impossible if it requires any kind of top up to the rent from it.

BigAunty

crossstitchamy wrote: »

Well at the moment this place is £85 a week. So with the new rules the LHA will pay less than that? i will have to check on the site then but dont think they will have that up yet on there will they?

Yes, the local council website, or the LHA section of the Direct Gov website, or the widget on this site will show you what rate you would be due as a single person under the age of 35 - the figures will be there already.

BigAunty

crossstitchamy wrote: »

..So if he goes he wont get any help as he is over 35. Thanks

The only significance of 35 is that is the age in which a person is entitled to the 1 bedroom rate rather than a shared rate of HB/LHA which is currently 25.

It doesn't mean that help from the council or HB stops, for example.

crossstitchamy

well both our names are down on the HB claim. But when the letters come through its just his name on them.
Im over 25, im 26. And should be able to afford it like anyone else on JSA and can claim housing benefit like they do.
So i am guessing that its a bonus that if hes over 35 he can get a place he can get the single room rate and i can only get a shared room rate?

nannytone_2

not a single room rate for him and a shared room rate for you.
a shared house rate for you and a 1 bed rate for him.
you are expected to have your own room in a shared property until the age of 35 ... no one expects you to share a room with anyone!