Withholding Rent

BigAunty

DaftyDuck wrote: »

I don't think you have a defence....

Wow, the OP tried to withold rent for the cost of phone calls to Shelter, etc back in January, wondering if it would lead to his eviction, and forum members advised again this type of activity. He also wanted to deduct late sickness benefit payments from the rent, sickness benefits he believed were caused by the stress of his tenancy issues.

It was reported on that thread the OP had sought advice on two other consumer and tenant forums and then also ignored their instructions.

http://forums.moneysavingexpert.com/showpost.php?p=58856157&postcount=57

The OP is one seriously deluded tenant - determined to see moral/personal views as legal ones, ignoring the risks. I really can't see how offering any advice to the OP will help given that he's been given heaps but his personality/character resists acting on it.

G_M

BigAunty wrote: »

The OP is one seriously deluded tenant - determined to see moral/personal views as legal ones, ignoring the risks. I really can't see how offering any advice to the OP will help given that he's been given heaps but his personality/character resists acting on it.

I came to this conclusion many.... many posts ago and stopped responding.

BigAunty

G_M wrote: »

I came to this conclusion many.... many posts ago and stopped responding.

Yeah, I wished I hadn't bothered, either. Lead a horse to water, etc.

Thomas3

G_M wrote: »

I came to this conclusion many.... many posts ago and stopped responding.

This is the problem : you think that I do not try to move...

I have tried everything but because I still presently a jobseeker it really difficult.

I asked jobcentre/dwp to help me (explaining that prevent to prepare correctly my job interviews, affect my health,etc...) with the one month rent and on month deposit that most estate agent for people on benefits : joncentre/dwp told me that "my health and my safety are not on risk" while I shown them a copy of report from the victim support after I have been assaulted. I later made a complaint, the so called "independent case examiner" respond saying the same thing : "you are not in emergency, and your health and your safety are not on risk"...followed by their victimistation until present (sanctions based on false statments,etc...).

Kynthia

Thomas3 wrote: »

This is the problem : you think that I do not try to move...

I have tried everything but because I still presently a jobseeker it really difficult.

I asked jobcentre/dwp to help me (explaining that prevent to prepare correctly my job interviews, affect my health,etc...) with the one month rent and on month deposit that most estate agent for people on benefits : joncentre/dwp told me that "my health and my safety are not on risk" while I shown them a copy of report from the victim support after I have been assaulted. I later made a complaint, the so called "independent case examiner" respond saying the same thing : "you are not in emergency, and your health and your safety are not on risk"...followed by their victimistation until present (sanctions based on false statments,etc...).

You seem to view yourself as a victim in every situation. Perhaps the problem is you and not everyone else. For example Landlords/agents ask for a deposit and one months rent in advance from every tenant not just those on benefits. Also this situation with your landlord has been going on for the whole of this year, have you tried to save a lump sum yourself over all that time to allow you to move to new accommodation?

Thomas3

Kynthia wrote: »

You seem to view yourself as a victim in every situation.

I didn't know that you know my situation better than myself...

Re-read my last post more carefully (then you will (normally...) realised that I was talking about other estate agents I met in order TO MOVE)...and after that you may be right to make me loose some of my time while it seems that your intention is more for an offense then something else.

Thomas3

G_M wrote: »

I came to this conclusion many.... many posts ago and stopped responding.

I would like to highlight the fact that nobody in this forum (you inclusive) advised/informed about filing an injunction (the first thing I had to do...but that I had discovered by myself only more than 6 months later...:money:)when I sent my first post in this forum. You can now come to state whatever you want...the facts remain the facts.

*Robin*

Thomas3 wrote: »

This is the problem : you think that I do not try to move...

I have tried everything but because I still presently a jobseeker it really difficult.

I asked jobcentre/dwp to help me (explaining that prevent to prepare correctly my job interviews, affect my health,etc...) with the one month rent and on month deposit that most estate agent for people on benefits : joncentre/dwp told me that "my health and my safety are not on risk" while I shown them a copy of report from the victim support after I have been assaulted. I later made a complaint, the so called "independent case examiner" respond saying the same thing : "you are not in emergency, and your health and your safety are not on risk"...followed by their victimistation until present (sanctions based on false statments,etc...).

Thomas3 wrote: »

I would like to highlight the fact that nobody in this forum (you inclusive) advised/informed about filing an injunction (the first thing I had to do...but that I had discovered by myself only more than 6 months later...)when I sent my first post in this forum. You can now come to state whatever you want...the facts remain the facts.

Thomas, you sound so very angry. Do you really think most people who are willing to spend their own time responding to requests for opinions and/or advice, do so maliciously with the intent of making a poster's life more difficult?
Yes, of course there are a few Trolls, but on MSE at least you can check the 'thanks' score, which gives a good idea whether that person's comments can be relied upon.

In your second post above, you appear to feel upset because no-one suggested an injunction. I've not looked through your history so don't know the details, but must say that going to Law is never considered a first resort in the UK for this type of dispute (maybe it is in your home country?). Far better to communicate, negotiate - with mediation from an unbiased third party if necessary.
It isn't surprising that early replies to your initial problem did not mention taking out an injunction.

Obviously you are now far beyond reconciliation with your landlord. It would also appear that your claim has been stopped (if I understand your earlier post correctly, highlighted above).
This puts you in a very precarious position indeed, all the more so because you seem to have difficulty taking responsibility for your situation.

Unless you are prepared to look at your problems from an attitude of:
How can I solve this? As opposed to:
How can I fight this?
Then within a few weeks your situation will become really [STRIKE]dire[/STRIKE] awful.

What I cannot understand is why you have been out of work in London for so long? Unlike some areas of the UK, there are plenty of jobs in the capital; maybe part-time, maybe not what your ideal career would be, but a way of paying your rent and saving up - yes.

Perhaps it is time to say:
"London isn't working out for me - where else do I have connections / job opportunities?"

Think about making a new start for 2014.
It's never too late to change..

Here's a Good Luck seasonal tree for you: :xmastree:

theartfullodger

Can't be *rs*d to read the thread but (as always,...) great advice from Shelter, the housing charity, here..
http://england.shelter.org.uk/get_advice/money_problems/rent_arrears/eviction_for_rent_arrears
in particular their comprehensive booklet on Rent arrears with great, detailed, advice here..
http://england.shelter.org.uk/__data/assets/pdf_file/0004/23386/ShelterGuide_RentArrears.pdf

& specifically ...

It is usually a very bad idea to stop paying the rent ...

Cheers!

BigAunty

Thomas3 wrote: »

I asked jobcentre/dwp to help me (explaining that prevent to prepare correctly my job interviews, affect my health,etc...) with the one month rent and on month deposit that most estate agent for people on benefits : joncentre/dwp told me that "my health and my safety are not on risk" while I shown them a copy of report from the victim support after I have been assaulted. I later made a complaint, the so called "independent case examiner" respond saying the same thing : "you are not in emergency, and your health and your safety are not on risk"...followed by their victimistation until present (sanctions based on false statements,etc...).

I can scarcely believe that I am bothering to post again on this thread, because you persistently and wilfully ignore the advice that you are given. You seem to have a kamikaze streak.

Do you have mental health issues? If so, there is a section on MSE for those with debt issues that detail options in how to resolve financial issues. Even if you don't have health issues, that section will be helpful, plus there is information on the Shelter website on how to deal with rent arrears and general debt management advice on the Direct Gov website. There is a debt free wanabee board on MSE where the posters can also review your situation and help come up with a debt management strategy, perhaps even one that could help you write off your rent arrears in the future.

However, since you appear to have alienated your landlord and the benefits authorities, and presumably many other parties, too, it is inevitable that you are at the risk of homelessness, maybe even street homelessness. I've come back to post because at the end of the day, you are vulnerable, even if your situation was at least part aggravated by poor decision making on your part.

This is because your landlord will eventually succeed in gaining possession of the property through the courts (and then enforcing the possession order with the use of court appointed bailiffs if you don't move out). Do you actually now accept that this tenancy will come to an end with or without your cooperation and that if the notices which the landlord has served are valid, you will probably be out of your accommodation within a month or two of the court hearing?

It is compounded by the fact that single people without dependents or disabilities are considered a low priority by the homeless departments of the local council in England and because there is no obligation for them to provide assistance to those who have made themselves homeless through their own actions, such as not paying rent when they could have. Do you now accept that there are no legitimate grounds (i.e. legal/contractual which is distinct from doing it on principle/morals) for you to withold rent and that this may have compromised future support from the local council?

Back to the issue of finding onward accommodation (very hard for benefit claimants, harder for those who cannot secure a good reference from their current landlord, harder still when their eviction was due to rent arrears).

I understand the DWP crisis loans are awarded on a discretional basis. I can't help wondering whether or not your manner may have also sabotaged the outcome (I'm going on the fact that you manage to wind up so many people on your threads here, the level of ignorance, lack of insight or awareness that you seem to show on matters).

However, some councils operate rent deposit guarantee schemes for those on low incomes/in housing need. Check your local council (and perhaps surrounding councils) to see if they operate these and if you fulfill the criteria.

As you are not happy with the decision by the DWP not to award you a loan to cover rent and deposit in advance) (and you seem to have exhausted the appeal process?) then contact your local MP. They are there to serve you. Try not to hack them off in the way you've managed to wind up a lot of people that you've come into contact with. Do ask for further advice on the benefits forum about this specific issue itself to see if any of the posters there can give you pointers.

Do you have any friends or family that can lend you the money?

A person is defined as homeless if they have no security of tenure past the next 21 days. You don't have to be street homeless to approach the local council for assistance. Although I've outlined that you may hit problems with support from them, each homelessness application is reviewed on a case by case basis. Many councils encourage potentially homeless people to contact them in advance of being homeless. As you have been served notice, I would contact them asap to get the ball rolling. See the Shelter website to understand the obligations of the council and this will tell you what the council is supposed to do rather than what they actually may bother doing.

Note that councils have a poor reputation for not meeting their statutory homelessneess obligations. For example, Crisis performed a mystery shopping exercise to see how London councils dealt with single homelessness and found that most did not fulfil their basic obligations. In the main, most resisted even accepting a homelessness application form (or even handing it out in the first place), some people could not even get past the receptionist, were given leaflets with phone numbers on or were asked to return with extra information whereas a council is supposed to give out the application form and process it from the start. So while you may have blown getting any assistance because they may think you have made yourself homeless, don't get fobbed off at the start. Do, however, appreciate that they have a high case load - many councils in London have hundreds or thousands of people presenting themselves as homeless so their services are stretched.

Come back to the forum and let us know how the council homelessness department has responded.

Lastly, there is a job seeking forum on MSE. You live in an area of the country with the highest employment opportunities. Once you secure employment, you will find it easier to find new accommodation and you could feel less stress knowing that you've got the means to start resolving your debts. A job may also give you some structure, take you out of yourself, restore your confidence after a history of unemployment and all the morale issues this causes.

Do post on the Job Seeking forum the issues you are experiencing with finding employment there and hopefully the posters there can give you advice to help you find work.

EDIT: If the tenancy, income, debt, unemployment issues are getting you down, consider phoning the Samaritans as they offer a confidential listening service where you can unburden yourself and get emotional support.