Reasons for "No DSS" in most private let's??

It_can_get_better

katejo wrote: »

If such a lettings agency kicked someone out/refused to renew a contract simply because he/she had lost their job, surely the tenant would have a case against them?

Unfortunately most private tenants have very few rights. If a landlord or lettings agent wants you out the house at the end of a contract they only have to serve notice without giving a reason and there can be no contest to the notice.

HappyMJ

It_can_get_better wrote: »

Unfortunately most private tenants have very few rights. If a landlord or lettings agent wants you out the house at the end of a contract they only have to serve notice without giving a reason and there can be no contest to the notice.

No contest to the notice??? That's why it goes to court so the defendant and the claimant can put their sides to an impartial judge who makes an order. If the tenant is finding it nigh on impossible to find somewhere to live as everywhere he looks is NO DSS and the landlord wants tenant out because of only that reason and the rent is being paid on time then the judge will likely give the tenant a few more months to find somewhere to live.

It_can_get_better

HappyMJ wrote: »

No contest to the notice???

That's right, in an AST there is no contest. There is no defence to a s21 and the judge has to award possession as long as the correct procedure has been followed.

BigAunty

HappyMJ wrote: »

No contest to the notice??? That's why it goes to court so the defendant and the claimant can put their sides to an impartial judge who makes an order. If the tenant is finding it nigh on impossible to find somewhere to live as everywhere he looks is NO DSS and the landlord wants tenant out because of only that reason and the rent is being paid on time then the judge will likely give the tenant a few more months to find somewhere to live.

Not my understanding - if an S21 is served correctly, the judge has no discretion whatsoever and must award possession to the landlord. No fault on the part of the tenant needs to be defined , it's really a no fault notice. At most, the tenant may be able to get a stay of a few extra weeks or so before the order takes effect if they can provide a convincing reason to delay the date by a modest degree. The debate between tenant and judge that you describe is not one that I'm aware of.

It's a bit different if the landlord serves an S8 notice on the grounds of arrears which have to be a certain amount at the time of serving and the court case, proof needs to be provided, plus other grounds are discretionary (such as anti social behaviour, persistent late payments) and judges tend to be more sympathetic to tenants, apparently.

tbs624

HappyMJ wrote: »

No contest to the notice??? That's why it goes to court so the defendant and the claimant can put their sides to an impartial judge who makes an order. If the tenant is finding it nigh on impossible to find somewhere to live as everywhere he looks is NO DSS and the landlord wants tenant out because of only that reason and the rent is being paid on time then the judge will likely give the tenant a few more months to find somewhere to live.

As posts 24 and 25 have said, if LL is using a correctly served S21 s/he *will* be granted repossession of the property.

tbs624

Although others have posted on common reasons that some LLs won't let to Ts on benefit, Werdnal is absolutely right that not all benefit claimants make for "bad" Ts.

There *are * LLs whose entire property portfolio is let out to those who are on low incomes and benefits, and they do very well out of the system. Some of them run seminars on HB/LHA lets & offer guidance to other LLs on how to make it work. See for example here

OP - try checking with the local Council which private sector LLs will let to those in receipt of HB/LHA. The local LL association should also be able to help with relevant contacts.

Good luck with your search

tbs624

business_man wrote: »

They keep removing my posts? So much for "free speech".



It wasn't a spam, it cetainly wasn't illegal, don't see anything offensive, no race involved and no libel involved.

Haven't seen any previous post from you in the thread so can't comment but its the forum team's prerogative: if you are confused why not message them and ask why your posts were deleted

Cpcompany

HappyMJ wrote: »

You can say you don't claim anything from the DSS as the DSS ceased to exist years ago so you are not lying. As you are working you also won't be claiming anything from the DWP if that is what they meant by NO DSS. Instead you would be claiming tax credits from the HMRC and you do not have to declare that. Once in the property you can claim housing benefit from the Council and there is nothing the landlord can do until the end of the tenancy. So if your annual income is 30 times the monthly rent then go for the property as the agency will not consider you if it is less. Then if you are eligible for housing benefit then claim it later. As long as you pay on time every month the landlord will be happy with you.

You seem to know your stuff and might be able to answer a query of mine.

I am having problems with my landlord who doesn't want me to claim housing benefit. I asked for business/contact details in order to complete my application form. Unfortunately they won't give me the details to complete the form.

Do you know if it is possible that I can still receive housing benefit whilst bypassing this information on the application form?

tbs624

cpcompany - it may be best if you go to the main HBR&S board and hit the new thread button and then repost.

It can become confusing for all if there are two posters with separate queries in just one thread.

Happymj is just as likely to respond in a new thread, as will others

Cpcompany

tbs624 wrote: »

cpcompany - it may be best if you go to the main HBR&S board and hit the new thread button and then repost.

It can become confusing for all if there are two posters with separate queries in just one thread.

Happymj is just as likely to respond in a new thread, as will others

Unfortunately I did start a thread and it didn't get a response. My query was slightly different but related to the same problem I have.