Ending tenancy as amicably as possible when you can no longer pay rent.

Lostlove

My husband who is joint tenant at our address has left me just a few days ago.

I would appreciate advice on what I need to write to the letting agents now, as the council advised to me to write to them ASAP telling them I have applied for housing benefits but can no longer afford to pay the full rent (but can and will pay the benefit when I receive it).

They said this means I have 1 month notice from the LL & then the LL can start the eviction process and that I should not move out till I have a place to go (or am evicted).

Luckily I have now found a place to live but can't move in for about 6 weeks.

We have been in this house for nearly 10 years and are now on a rolling contract, as at the last renewal date they did not send corrected paperwork for us to sign (they had gotten the guarantors details wrong and other details).

Rental date is 15th though they take it out of the bank on 11th. The standing order has now been cancelled, But as I understand it we have paid a month in advance from when we moved in anyway???

I fully understand eviction isn't a preferable route/choice, but I am unemployed with no money (luckily I do not need to worry about getting a reference or deposit for the new place I am moving to).

So basically how to best word my letter to them? many thanks.

aggypanthus

Your husband is still liable for the rent, he cant just walk away . how do you know they will evict you, are you certain the LL wont allow you to stay, on benefits ? Is the bedroom tax an issue, have you found a one bed for yourself?
Hopefully you will get more replies in the morning.

paddedjohn

AFAIK the notice they must give you (if they decide to apply for eviction) is 2 months and from your next rent due date via a s21 and only if this is done properly can they then apply to a court for eviction. All in all you could have a few months left yet.

paddedjohn

aggypanthus wrote: »

Your husband is still liable for the rent, he cant just walk away . how do you know they will evict you, are you certain the LL wont allow you to stay, on benefits ? Is the bedroom tax an issue, have you found a one bed for yourself?
Hopefully you will get more replies in the morning.

The so called bedroom tax is only applicable in social housing.

Lostlove

Its all well and good saying he can't walk away, but HE HAS!

I do not want to stay here any longer I cannot afford the rent. He cannot/will not pay the rent.

I am trying to follow up on the council's advice.

If they do not evict me what would they do, let me stay here paying none to half the rent??? I do not want to stay longer than necessary anyway.

I will be renting a room from a friend who owns their own home and I will be able to afford it on benefits (until I secure myself a job).

Lostlove

paddedjohn wrote: »

AFAIK the notice they must give you (if they decide to apply for eviction) is 2 months and from your next rent due date via a s21 and only if this is done properly can they then apply to a court for eviction. All in all you could have a few months left yet.

Thanks, I do not want to prolong things more than necessary anyway, I just wanted to try and find out if anyone knows the best way for me to word my letter to cover the points the council told me about/ having no money to pay (all) the rent.

You can't give someone money you don't have. Though can they chase you for it through legal channels from what I have heard it's not worth their hassle/time they will be happier when we are gone (as I now can't pay)?

Lostlove

OK, so reading this:

england.shelter org uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

and

adviceguide org uk/england/housing_e/housing_rent_arrears_e/eviction_for_rent_arrears.htm


If I give 4 weeks notice from now it will just be past the date the next rent payment is due. But as I need 6 weeks they would want half a months rent from me (as when you move in you pay a month in advance, not in arrears) right?

So if I let them know about benefits situation too, then I might be able to pay all rent I owe (the 2 weeks before I can leave to go into my new home) and not have to worry about the LL starting the eviction process anyway.

Does that sound right/ do the dates make sense?

I have just read more links from CAB and it says that you have to be at least 8 weeks in arrears before the LL can take action anyway? This is all so confusing.

Voyager2002

I don't think there is a right way to word such a letter. Just give them all the facts: make it clear that you have firm plans to leave on a specified date and promise to hand over the property in good condition then. If the council have told you how much benefit you will get, let them know the figure.

As other posters have said, your husband continues to be legally liable to pay the rent (assuming his name is on the tenancy agreement) so pass on any details of his employment, new address and so forth: they will be able to use these to serve court papers in order to recover the rent from him.

paddedjohn

Your 4 weeks notice to quit wont start until your next rent date so you still have about 8 weeks left.

paddedjohn

see the link below, it should answer all your questions.

http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Guest101

Basically you must give one months clear notice, so if your rent day is the 15th of the month, you must give notice before then. So if you give notice now, it will be 'given' for july 15th, and your tenancy will end one month from there, IE August.

So you have 8 weeks, and are liable for 8 weeks.

Make sure you pay what you can, and give the address of your ex to the LL, so he can chase him for money. As he is still liable for it.