South Lanarkshire Council Charges Rent Before Tenants have Their Keys

Agentm

Sorry - posted this twice as wasn't sure where to put it for the best response.

My 19 year old son has just taken up a tenancy with South Lanarkshire Council and I am appalled to learn that they have a policy in place that allows them to charge rent on properties that individuals neither have the keys for or a tenancy agreement. I am wondering what any legal minds in the forums may make of this.

He was due to view the property on 13th September, yet work commitments meant he couldn't make the viewing. I went in his place (not realising they hoped to sign him up the same day) and they wouldn't allow me to view for him. Another viewing couldn't be arranged until 19th September - when they showed him the flat, he agreed to take it and they signed him up there and then. BUT they made him sign a back-dated tenancy agreement for 17th September - explaining this was when the property was available for him so he would have to pay from then. He, being only 19 and not wanting to question anything agreed.

When he moved in his first rent payment was charging him an additional four days - as they charged him from the 13th September - the date of the first viewing he was unable to attend.

I have challenged the decision on his behalf and the council states this is their policy.

So, to recap, it is SLC's policy to make new tenants sign back-dated tenancy agreements and also charge them rent for properties they have not seen or have keys for - or a legal tenancy agreement.

How can a council justify charging the most vulnerable people in society - social housing tenants - for properties before they have even signed for them? My son doesn't claim housing benefit but if he did, you can't claim benefit for a property you don't have a tenancy agreement for. Therefore, SLC are seeing the poorest people in the community walk into housing with an automatic debt.

I don't think this can possibly be legal. Of course I have complained bitterly - but I am interested in what the forum thinks on this.

PasturesNew

He's 19 and bl00dy lucky to get a council place imho..... I signed up when I was 18 and when I was 30 and asked "how long?" they figured it'd be another 20 years before they could get me into a shared house.

The council can't have their cheap stock sitting idle and empty and unpaid for. They're not a charity.

Agentm

You are right he is lucky to get a property. But he is not lucky to have to pay for it when he hasn't got a tenancy agreement, keys, or even seen the property. He is not a charity either.
This is fantastic logic - using it then we can just charge Jo in the street for all the empty properties for a few days until they find someone. It's not about being ungrateful it is about - actually- a council taking advantage of the poorest people in society. If you got your flat at 18, were jobless and couldn't claim benefit for the week prior to you getting your keys you would move in with a debt. For a property you didn't legally have yet. They have to let their cheapest properties but they also have to act fairly.
But thanks for your comments

keyser666

Most councils and HA's do this as standard now. When the prospective tenant that has been selected under the Housing Options or similar process they are to get the tenant started as soon as possible.

On another aspect, your son could have got you to view the place on his behalf and confirm he would take it but would have to be him that signs the tenancy agreement.

By the way cannot see you succeeding in your challenge

Hiddenidenity

My council do the same. The weeks rent runs Monday-Monday I signed on a Tuesday and got the keys because Monday was a BH but I still paid rent from the Monday.

Fire_Fox

Welcome! Why have you complained bitterly when you are not the tenant? Your son is incredibly lucky to get a council place in his teens, but should be raising concerns himself if there is a problem with the property or the tenancy. If he has a valid tenancy agreement and out of work I don't see why he can't claim benefits.

If he can't maybe you could help out since the taxpayer would have to otherwise, remember the council don't have any money of their own, it's just what hardworking people pay some of whom are on minimum wage and many of whom will never be lucky enough to be offered social housing despite being vulnerable. If you feel so strongly about it, maybe advise your son to act on principle and turn the place down.

ETA: how can he be both 18 and 19, also jobless and have work commitments?

Loopgames

Am surpised that responses are in favour of the council. People in the uk like to be mugged and justify it too..wonderful! Now we know why councils think they can get away with this nonsense, it's because the british public expects it.

If i were you i would take it to the local paper.

As for the comment 'theyre not a charity' well void periods should also be accepted by the council and THEY should take the loss. Fight your corner agent m.

Agentm

Hi Fire Fox - thank you for the welcome. I am not so much making my complaint on behalf of my son on here at least - but against this ludicrous council policy, which it seems to me will be detrimental to the most needy people in my area. And, by the way, my son is a taxpayer too (on minimum wage and just over the threshold for Housing Benefit). He works - as do many council tenants who, it would appear in my area at least, are paying an extra week's rent in some cases for properties they haven't seen or got the keys for. Tax payers in my area may well pick up the bill for the additional collection procedures of all it's housing officers when their arrears jump up because of all the tenants on Housing Benefit who can't make a claim for the first week of their 'tenancy' because it hasn't officially started and they don't have an agreement in place for that week (or few days) between the viewing and signing.

There seems to be a little 'looking for the mud' in my question on here rather than asking why a local authority would adopt such an unfair policy. How dare anyone challenge a whole council? Well, I am and so is my son.

He is lucky to get a property, granted. I was a housing officer for many years myself and encouraged him to put his name on the list at 18 imagining he would be on it for a long time. So he got a property, which is in a hard to let area which now has one more decent, paying tenant (hooray for the tax payer and the neighbours who tell me this particular flat has been empty several times over the last few years - glad to find themselves NOT living below a beer swilling, loud music loving at home all day teen) is one bedroomed (he hasn't deprived a needy family of a property) on the 2nd floor with no lift (so no elderly or disabled person has been deprived of a property) and pays all the rent himself (so the only tax payer who contributes to the rent is HIM). As for my standing up for my son, well, what Mother wouldn't? Even when they are a 19 year old man with his own place. He's learning to budget, care for himself has paid this ridiculous sum of rent and is being taught by his Mother to stand up for things in an unfair system.

In all my years as a housing officer, I was never asked to sign up tenants in this way and I can tell you I would have been very uncomfortable - and complained bitterly to those that make the policies on behalf of my tenants if I had been. I worked in social housing as I wanted to help those most vulnerable and left sadly disillusioned by what happens in reality.

Challenge policies; challenge bodies big or small if there is an ounce of injustice there. Or sit on the fence waiting for a bus and pay rent for the seat during your waiting time complain on a forum and have people tell you you were bl0ody lucky to get the seat :-)

IreneB2012

First post here...

I see that those advising that the young man is lucky to get a council house at his age don't live in South Lanarkshire. I do.

I've had one of their one-bedroom flats for about five years now. Quite nice it is too. Shame about the landlord, though. Really, the tenancy agreement isn't up to much, not that it matters, they don't abide by its terms in an case.

Their behaviour this year has been quite appaling to the extent that I had to serve them with a "cease and desist" notice back in May. Simply put, one more slip on their part and Strathclyde Police will move in to trim them up.

I could write a good deal about them but don't have the time right now. Just to be going on with, they tried to chisel me for a week's rent when I moved in. They even went so far as to extract it from my earnings by going to court without telling me. Had my money back eventually when I discovered it was fraud by abuse of position and shoved the Fraud Act under their nose.

Jonesy was right. They don't like it up 'em. They're bullies at the end of the day; just keep an eye on the senior management... Read about the Cronyism (or rather allegations thereof) in the East Kilbride News...

I'll try and find some time later to write a bit more. A council flat from South Lanarkshire Council is not the godsend that it is elsewhere and you'll need to be firm of purpose and knowledgeable in law to deal with them. I'm in my mid-forties and I've just about got them held back for the time being. I wouldn't give a teenager much chance.

dorset_nurse

... all council properties are subsidised by the taxpayer..

dfhvghew

He's 19 and bl00dy lucky to get a council place imho..... I signed up when I was 18 and when I was 30 and asked "how long?" they figured it'd be another 20 years before they could get me into a shared house.