Housing benefit claim rejected by Bromley council

Ruscik12

I knew they are tight asses but this is a joke.

I lost my job at the end of February and so applied for JSAand Housing/Council Tax benefit. JSA is on-going but on correct track, delayedby fact they seem to have lost my HRT form which it now turns out I did notneed (well depending which department you ask so I did do another one just incase).

When I was filling in the Housing Council Benefit form Ihave provided all the details they wanted about me and more. I have given themproof I lost my job/income, showed them bank statements, showed them JSAagreement as in that I am registered as looking for work, gave them copy of my rentalcontract, told them I have already claimed both benefits in Lewisham for 5months in X time frame. As my rent includes all bills I have made an estimateof how much from my rent goes towards bills in Housing benefit form. In shortabout 80GBP for basic utilities, 20GBP for other, 60GBP council tax. That wouldleave 390GBP rent.

As I am only renting a room I could not provide incomedetails for other people living in property, landlord is one of them. They arenot my family or close friend’s just people I live with. I also mentioned thatmy landlord does not accept DSS tenants if asked.

2 weeks after they received the form they have sent a letterto me and my landlord.

Letter to landlord had questions like this:

1. How did you meet Mr Ruscik?

2. How long have you known him and in whatcapacity?

3. How was the property advertised for rent?

4. Where was the property advertised for rent?

5. What is the rent amount?

6. Who is paying mortgage on the property?

7. How much is the mortgage?

8. Who owns the property?

9. Do you own any other properties?

10. One more I cannot remember.

My questions were:

1. Please confirm your previous address and did youclaim Housing/Council benefits there?

- I replied: My Previous address was my oldworkplace. XXXX address. I lived there for 6 months and did not claim anybenefits at the time as was working full time. It was a temporary accommodationuntil I could find permanent one.

2. If you lived at your previous address less than6 months please provide address you lived at prior to that and did you claimbenefits there?

- I replied: My address prior to one mentionedabove was in Lewisham. I lived there for over 3 years and did claimhousing/council tax and JSA benefit between dates of X 2009 and Y 2009 (5months). Address of apartment I was renting: YYYYYY. Rental was not from thesame landlord I am renting now.

3. Please give full details for your reason formoving to your present address?

- I replied: I have moved from my temporaryaddress in Westminster after 6 months as contract has expired and it was notpossible to extend it. After searching for accommodation via gumtree and easyroommate I have stumbled on current landlords advertisements and moved inmid-January 2011.

4. How long have you known Mr X (landlord) and inwhat capacity?

- I replied: I know Mr X since end of December2010, beginning of January 2011. He is a live in landlord and I meet him when Icame to visit one of the rooms he was advertising for rental. I would classifyour relation as colleagues.

5. Please give full details of how you became awarethat property was available.

- I replied: I was looking for property aroundLewisham area. I noticed a room for rent add in easy roommate in a houselocated at XYZ Street in Lewisham. Contacted the landlord and arranged a meeting.We meet and I was shown around the house but it was not what I was looking for.Mr X then mentioned that he has just acquired new property in Beckenham andwould have rooms available there. I took the address and went to see thecurrent property at the start of January 2011. I then agreed to move in incouple of weeks to one of the rooms shown and secured it with deposit.

6. When you accepted the accommodation, how did youintend to meet the rental payments agreed upon?

- I replied: I was working full time at the timeso was paying my rent from my salary. Recently I lost my job hence applying forhousing benefit.

When I was replying to questions above I also added a noteto cover and explain why my landlord will not be replying to their letter, seebelow:

Foot note added by me to the same letter as reply toquestions above: I will take this opportunity to discuss another subject ofurgent matter. At the same time as letter to me Bromley council also sent aletter to my current landlord. I have mentioned in my application that mylandlord does not officially accept DSS tenants. Today he has read it and spoketo me about it. He said he will not be providing details to points made in aletter to him as he does not want to be involved in any way. That is his rulehe enforces equally amongst all his tenants. As such he told me that I willhave to move out unless I find a job within a next month or so. Time frame wasgiven based on fact I have already paid my rent for month of April and have adeposit of 2 weeks that I can live off. I know that Mr X has other propertiesin Lewisham that he is renting, most located at XYZ Street. If you are tryingto establish if this is a legitimate claim and if landlord is a legitimate oneyou can check that by contacting Lewisham council. I believe he is payingcouncil tax on the least one property there and some of his tenants were or areclaiming benefits. As mentioned in points above I have lived in Lewisham at onestage and claimed benefit for couple of months there between jobs. I would wantto stress one more time that this is a matter of urgency as if I do not findemployment in next month I will be losing my accommodation.

I need help urgently as I will be arranging to meet with them next week ASAP. I am running low on funds now and I need that benefit. It is very frustrating I did not have such issues in Lewisham. 9 years in UK and working 8.5 out of it, paying my taxes and now they want to shaft me. After said meet I need to appeal from the decision but what proof can I provide that I did not already do so? Landlord has the right to stay out of it which they should understand. Especially that half of their questions has f all to do with my benefit form and most they can check on their own.
What I need to do when I can not pay my rent? How do I then force Bromley to get me a place to stay as it will be their fault I am homeless? Would it be a room or a house that they would possibly get me? Finally if they offer !!!! property can I refuse and do they have to provide storage for my stuff?

Thx for help.

Mara69

If the HB/LHA department don't get the information they need in order to come to a decision about your claim then I would imagine it will be refused. Your LL's refusal to 'get involved' (ie complete a form) is churlish. If he wants to evict you then he needs to start the ball rolling; there is a process he will have to follow.

midnight_express

The council hasn't got the information they need so they cannot award benefit. They will not rehouse you and they will not store your stuff.

Terrysdelight

Hi

I've read a bit of your post - not all of it, but I get the jist of what's going on.

Basically, you are overloading HB with information that they don't need.

Let them do their job and co-operate with them by providing the 'required information only' and provide it promptly.

It is your Landlord's perrogative to not have HB tenants, but even so, he can't just tell you to leave if you haven't found work. There is a process he would need to go down to evict you and if he evicts you illegally you could be in for a very large sum of money.

Regarding the Council rehousing you, they will help if you haven't intentionally made yourself homeless. It's not your fault the landlord won't complete the paperwork so therefore not your fault.

Your local housing won't do anything until your landlord evicts you and that takes months via the courts. Your local council will tell you to stay put until he gets a court order giving him possession. Once that's happened, then they will help you.

What type of tenancy have you been given and how long for - date of expirey?

pmlindyloo

Terrysdelight wrote: »

Hi

I've read a bit of your post - not all of it, but I get the jist of what's going on.

Basically, you are overloading HB with information that they don't need.

Let them do their job and co-operate with them by providing the 'required information only' and provide it promptly.

It is your Landlord's perrogative to not have HB tenants, but even so, he can't just tell you to leave if you haven't found work. There is a process he would need to go down to evict you and if he evicts you illegally you could be in for a very large sum of money.

Regarding the Council rehousing you, they will help if you haven't intentionally made yourself homeless. It's not your fault the landlord won't complete the paperwork so therefore not your fault.

Your local housing won't do anything until your landlord evicts you and that takes months via the courts. Your local council will tell you to stay put until he gets a court order giving him possession. Once that's happened, then they will help you.

What type of tenancy have you been given and how long for - date of expirey?

You need to be very careful about your rights as a tenant.

As the landlord lives in the property you need to find out exactly what your rights are.

Look here to find out what your rights are:

http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

I believe that because your landlord lives in your house then you have less rights. However, it could be that your contract overides these rights.

The council have their own formula for working out the rent when CT and utilities are included so your figures may not be correct.

It seems very likely that your landlord will end your tenancy so I should be looking for somewhere else to live.

It is extremely important that you check your rights because the previous poster did not take into account that your landlord was living in the same house. It makes a lot of difference!

RAS

Hi

If you live in the same house as your LL, you have no security of tenure and he can ask you to leave any time. There is no legal process and no scope of illegal eviction as long as he does not lock you out of the house and retain your possessions.

You can also leave giving reasonable notice (a week or a few days depending on the situation). If you LL refuse to answer the LHA questions, i think a court would agree that it would be reasonable to leave with 48 hours notice.

I suggest you try to talk to him expalin that since he refuse to deal with LHA, you have to leave. Agree that if you can find somewhere else next , you will move out immediately and he will refund not only the deposit but also any rent owing for this rest of this month.

If he refuse to do this, get the deposit back and when you have moved out send a letter before action. That should encourage him to cough up.

In the mean-time spend the week-end getting stuff packed up and cleaned up. Speak to mates about alternative accomodation and storing your gear. Check out any cheap storage deals so that you do not have to leave stuff with mates to long.

Mara69

Terrysdelight wrote: »

Regarding the Council rehousing you, they will help if you haven't intentionally made yourself homeless. It's not your fault the landlord won't complete the paperwork so therefore not your fault.

Given the lack of social housing, the council are highly unlikely to be able to offer the OP a home.

In my LA, a single person with no dependents and no special needs are awarded 150 points. You need 250 to even be able to bid. Ergo, no council home.

Terrysdelight

RAS wrote: »

Hi

If you live in the same house as your LL, you have no security of tenure and he can ask you to leave any time. There is no legal process and no scope of illegal eviction as long as he does not lock you out of the house and retain your possessions.
.

Wow, that is awful!

There are plenty of landlords who accept Housing Benefit on room rentals. Not too sure where to look but local newspapers, Loot and even Newsagent Windows for adverts.

If you are aged over 35, HB will pay the Housing Allowance Rate for the area for a one bedroom property. For a single room only, the room rate for that area.

Good luck with finding a job and place to live.

Ruscik12

I live with my landlord so by law he does not need eviction notice. All I have right to is what is agreed in contract so 2 weeks deposit is my notice.

Finding accommodation if you are unemployed and have no benefits going at the time is in essence impossible.

If anyone would be responsible for me becoming homeless is council as I have provided all the info I can and can not be held responsible for what other people do.

Regarding HB not having all info they need well I did provide all and I do not understand some info needed. They know there is mortgage on the house but why do they need to know how much is paid monthly and who is paying it? I am not so what does it matter?

Terrysdelight

Mara69 wrote: »

Given the lack of social housing, the council are highly unlikely to be able to offer the OP a home.

In my LA, a single person with no dependents and no special needs are awarded 150 points. You need 250 to even be able to bid. Ergo, no council home.

No, they probably won't give them a home from social housing stock or give him enough points to bid, but they should help him find something from Private Rentals.

Terrysdelight

Ruscik12 wrote: »

I live with my landlord so by law he does not need eviction notice. All I have right to is what is agreed in contract so 2 weeks deposit is my notice.

Finding accommodation if you are unemployed and have no benefits going at the time is in essence impossible.

If anyone would be responsible for me becoming homeless is council as I have provided all the info I can and can not be held responsible for what other people do.

Regarding HB not having all info they need well I did provide all and I do not understand some info needed. They know there is mortgage on the house but why do they need to know how much is paid monthly and who is paying it? I am not so what does it matter?

Goodness knows. They are probably checking out the landlord and they have a duty to check out if everything is legit. Some landlords, aren't who they say they are and could be receiving the money dishonestly. Also, some properties may have a residential mortgage instead of a buy to let.