Help with renting house

mummyfleming

Hi, hope this is in the right place. Just need some advice, no negative comments please.

Due to marriage breakdown, I moved into a refuge in January.
I found a place to rent near my Mother and got the first months rent money together. I moved in Easter Weekend. I got a basic agreement
With him about the house, thinking that we would sign a full agreement. Fast forward a few weeks, and still no agreements.

He finally turned up today(while ex was picking little one up). Picked up the cheque for housing benefit. Questioned why it was only half. I explained that the other half was being paid at the end of month and I would put it straight into account. He asked for it to be paid to him in cash and alarm bells started ringing.
I then asked about agreement. He said if he did one the rent would have to go up by £100, due to solicitor fees etc.
I asked him what i should do then about insurance etc. He that he had insurance on the place, and if anything needed fixing I should contact him as as far as they know he is living here.

So as you can imagine, I am now freaking out. I am worried that I will be done for fraud from housing benefit etc. I sent copies of all the paperwork I had to them and they accepted it. What should I do? I cannot afford to move again, and I don't want to have to move my daughter schools again (4th in her first year if I do, plus dealing with mine and her fathers split)
Please any advice would be appreciated :eek:

BitterAndTwisted

If your application for Housing Benefit has been accepted, then why are you anticipating problems on that front?

Please, do not pay your landlord in cash. If you don't you would not be able to contest any accusations of non-payment of the rent unless you have him sign a dated receipt for it. Buy a duplicate receipt book from a stationer's.

You know that he's flying under the HMRC's radar and his mortgage company's too but as long as you pay the rent that doesn't automatically mean that trouble (for you) is on the horizon.

mummyfleming

I just don't want to do anything wrong, this is the first time living on my own etc. I just worry that as he's said he is living here, it may cause problems as I've applied for council tax benefit etc at this address in my name till I find a job.

I know the council have accepted it, but with this information coming to light I don't want to get get on wrong side of the law. I am going to CAB Monday but just wanted to clear some things up so I don't panic all weekend . Thank you

sandsni

You took the tenancy in good faith and haven't lied to any of the benefits people, so I can't see that any accusations of fraud could be levelled at you. You are paying rent to live at that address. It's the LLs problem if he is claiming he lives there. As B&T says, definitely don't pay the LL in cash. You want there to be a "paper trail" to show exactly what you've paid and when.

I can understand why you don't want to have to move again so soon, but if your LL is dodgy it might be in your own best interests to consider it. Are you sure he will fulfil his obligations regarding maintenance and repairs etc.?

G_M

By 'He' I assume you mean the landlord?

mummyfleming wrote: »

...I found a place to rent and got the first months rent money together. I moved in Easter Weekend. I got a basic agreement

What do you mean by 'basic agreement? You have a tenancy agreement or not? Is it a written agreement? What are the Terms? (rent, dates etc)?

Fast forward a few weeks, and still no agreements.

What about the 'basic agreement? This is a tenancy.

He finally turned up today...Picked up the cheque for housing benefit. Questioned why it was only half. I explained that the other half was being paid at the end of month and I would put it straight into account

So let me understand. You have paid only half the rent. You are in rent arrears? And YOU have alarm bells ringing? I suspect the landlord has alarm bells ringing!

He asked for it to be paid to him in cash and alarm bells started ringing.

Nothing wrong with paying cash - make sure you get a receipt. As bitter says above, the LL may be "flying under the HMRC's radar" but that is not your business, nor is it a reason for concern for you. And of course, he may NOT be "flying under the HMRC's radar". You don't know.

I then asked about agreement. He said if he did one the rent would have to go up by £100, due to solicitor fees etc.

Well, I can understand a one-off fee for legalwork, but a monthly rent increase seems harsh! But I still don't understand the need for a new agreement.

I asked him what i should do then about insurance etc. He that he had insurance on the place, and if anything needed fixing I should contact him as as far as they know he is living here.

Insuring the building is his concern, not yours. You could, of course, choose to insure your own contents.
Repairs are as he says - you write to him and report anything that needs doing/fixing.

So as you can imagine, I am now freaking out. I am worried that I will be done for fraud from housing benefit etc. I sent copies of all the paperwork I had to them and they accepted it. What should I do? I cannot afford to move again, and I don't want to have to move my daughter schools again (4th in her first year if I do, plus dealing with mine and her fathers split)
Please any advice would be appreciated

This makes no sense. 'Freaking out' about what? What fraud? Why do you want to move?

?????????????????????????????

G_M

sandsni wrote: »

You took the tenancy in good faith and haven't lied to any of the benefits people, so I can't see that any accusations of fraud could be levelled at you. You are paying rent to live at that address. It's the LLs problem if he is claiming he lives there. As B&T says, definitely don't pay the LL in cash. You want there to be a "paper trail" to show exactly what you've paid and when.

I can understand why you don't want to have to move again so soon, but if your LL is dodgy it might be in your own best interests to consider it. Are you sure he will fulfil his obligations regarding maintenance and repairs etc.?

No reason not to pay cash. It is legal tender. Just get a receipt.

I don't see why this landlord should be any less likley than any other landlord to maintain/fix the property.

There are some so-called 'professional' landlords who leave tenants living in run-down properties, and some very excellent amateur landlords who come round and fix stuff as soon as the tenant phones...

[Deleted User]

mummyfleming wrote: »

if anything needed fixing I should contact him as as far as they know he is living here.

Contact him instead of who? That sounds like either he is subletting without permission or he has a residential mortgage without permission to let. The former is a bigger problem for you than the latter.

sandsni

G_M wrote: »

No reason not to pay cash. It is legal tender. Just get a receipt.

I don't see why this landlord should be any less likley than any other landlord to maintain/fix the property.

There are some so-called 'professional' landlords who leave tenants living in run-down properties, and some very excellent amateur landlords who come round and fix stuff as soon as the tenant phones...

I recall on this forum being told there was no such thing as a non-professional landlord. But regardless of that, I was making the suggestion based on my reading of the OPs description of his attitude to letting the place thus far. He may well turn out to be a model LL.
As far as paying cash goes, I agree that it's not a problem so long as the LL is prepared to give a receipt with a legible and traceable signature. Paying by cheque or bank transfer would provide the OP the security of knowing the payment was definitely traceable.

mummyfleming

Thank you for the replies. I will try to pay into his account, if not ensure I get a receipt. I have a bit of paper that says I will pay 800 a month to LL and give 1months notice on moving out. That's it

G_M

mummyfleming wrote: »

Thank you for the replies. I will try to pay into his account, if not ensure I get a receipt. I have a bit of paper that says I will pay 800 a month to LL and give 1months notice on moving out. That's it

That is called a tenancy agreement. Ideally it should show the property address and start date and be signed by you both, but even if not, the reality is

* you are paying rent
* in return you are receiving a property to live in

therefore there is a tenancy agreement.

A contract does not need o be written at all. It can be verbal.

Did you pay a deposit at all?

If the ' bit of paper' does not give an end date for the tenancy, or a 'Term' (eg 6 months), then your tenancy is a Contractual Periodic Tenancy. Assuming you pay rent monthly, you can end it at any time by giving a full months notice which must end with a 'Tenancy Period'.

So if your tenancy started on, say, 5th of the month, your Tenancy Periods are 5th - 4th each month, so your month's Notice must end on 4th of the month.

Your landlord must give you two months notice (also ending on the 4th in the above example) but not before you have been there at least 6 months.