Tenant questions to landords, please?

Bassibabes

nothing nothing nothing

BitterAndTwisted

Just because you have been "asked to leave" does not mean that you must. I know this doesn't answer any of your questions but there are very strict conditions and procedures that your landlord must follow in order to legally regain possession of the property.

What form did this being asked to leave take?
What are the rental-periods of this tenancy?
When was it served and how much notice were you given?
Is your deposit protected in one of the three schemes?

thelem

Look for private lets on places like gumtree and spare room, rather than going through an agency. These are often cheaper (no agency needing paying) and some landlords are more willing to listen to personal circumstances regarding guarantor etc (my last landlord asked for an extra month's rent as deposit if you couldn't provide a guarantor).

I'm a bit confused about your comments about housing benefit though. Why not get a place at £800 per month, with £625 coming from housing benefit and the remainder from your student loan?

timbyweme

Hi, I really feel for you as I'm looking for properties at the moment and as soon as I mention housing benefit it's a 'sorry we don't accept that'. I'm lucky I have a guarantor if push came to shove but would only use it as a last resort.
I was frantically looking for places too as I was being evicted but in the end I put my stuff into storage and am currently staying at my mums with the kids. It may be cramped but it's given me that little bit of time to think things through with a clearer head and not rush into any crappy place I find just because they accept DSS.
Regarding the immediate situation, if you can, go to a solictor for free legal advice. I think you may be entitled to legal aid (?). They'll also tell you how useless the police are (which you already know). The solictor may be able to get a letter to your landlord - something official will likely encourage your landlord to back off.
The council are rubbish so don't rely on them - they will tell you to wait up until the actual eviction date and then will most likely stick you in a hostel until they find suitable accomodation for you.
As the above poster said, you don't have to leave on the date that the landlord has told you to leave by, so carry on looking but don't let it make you ill with worry. Be civil with your landlord but if she comes round to the property then call 999 and log everything that's been said and done. The ll isn't allowed to harass you and until the court evicts you you're allowed to have enjoyment of the property. Change the locks if you haven't done so already.
Start looking for other properties but remember you have more time than the date she's given you to leave.
I know I've come across as really wishy washy - sorry. But do not hesitate to call the police and get in touch with a solicitor asap.
Lots of luck.

amcg100

Simple answer for you - don't tell any prospective landlords about the housing benefit, it is none of their business. Just pay up your month in advance an declare yourself as a full time student. Once you have moved in and have your tenancy agreement etc, then claim your housing benefit which you are entitled to do. I am assuming that you currently have your HB paid direct to your landlord, but you don't have to do this - It can be paid monthly by cheque direct to you and then you bank it and pay your landlord in the normal way. It is likely that the new landlord will find out about the HB when you claim, if for example they are asked to confirm details of the tenancy, but by this time it will be too late and there is nothing they can do about it.

thelem

Oh yeah - spare room have their flats on a different website - http://www.findaflat.com/. It doesn't look like they do full houses though, so I don't know if it would be suitable.

amcg100

Bassibabes wrote: »

Can they not chuck me out of the house if it invalidates their insurance or mortgage??

No, certainly not, as soon as you become a legal tenant then all your rights kick in. There is no way a landlord can insist that you don't claim benefit.

Wywth

Bassibabes wrote: »

But can't they just issue a section 21 eviction order?

Surely it must be legal to say you can't accept tenants on HB and be able to enforce it, otherwise no-one could say it?

Sorry, am not trying to argue with you i REALLY appreciate your help, I just want to get my facts straight and not get evicted

x

I think the word used is "won't" rather than "can't"

amcg100

At the end of the tenancy yes, but if you had say a one year lease, you are there for a year. They can serve a section 21 anyway, regardless of housing benefit. Section 21 is for regaining a property at the end of or after the expiry of a lease.
I expect the landlord has the freedom to select who they give the tenancy to, and that may include discriminating against those who are claiming housing benefit, but like I say, once you are in, they cannot stop you.

If I were a landlord and I had an excellent tenant who paid on time and looked after the property - would I really want to replace them with someone else who may not?

Wywth

Bassibabes wrote: »

hi and thanks for your reply. I am constantly on gumtree and other places looking for a house, but it's still difficult finding a house for the right place in the area I need. I have yet to find one private let that fits the bill! Most of the houses on gumtree, zoopla, adzuna etc are with agencies BUT I am spending most of my time looking.

Also, spare room only lets rooms or flat shares, I believe, so not suitable for me and the children

I am trying not to claim housing benefit as landlords won't even let me look at a property if I'm on housing benefit. It seems that my area is really bad for this - my partner is from Liverpool and says that the landlords seem much more flexible up there but the agencies tell me it's the mortgage companies and insurance companies laying down the restrictions...who knows?!

I think what such landlords will be seeking is that you have had regular, permanent employment with sufficient income to pay the rent rather than you not claiming HB

timbyweme

I'm unsure why they don't allow dss benefit claimants. I think it is true about the insurance thing - but then how does that make sense if you're working and then lose your job one month into the tenancy?
Anyway, back to you. Why don't you book some appointments for properties that you're interested in. If they don't ask any information when taking the booking then don't say anything. Go to the property looking presentable and create a good impression on the agent / landlord if present. Then explain the situation. That may help combined with some money up front (3 months?). You can then claim your housing benefit when you move into the property.
I know what you mean about looking all the time - I'm glued to gumtree, rightmove, zoopla,... I think the agency fees are something I'm going to have to pay anyway as I just want a place asap now.
But remember you don't have to move by the date the landlord has told you you must.