Private rented house, just lost job

mrsb74

Hi,


Looking for a bit of advice for a friend. He has signed a 12 month contract with a private landlord, this was 6 months ago. Last week he has been told his probation period at work is up and they are getting rid.
The landlord has stated that housing benefit wont be accepted and because it is a two bed he wont be able to afford it on housing benefit anyway.
Any tips on how to tell the landlord that he has got to move out as he has lost his job and what could happen?
Thanks

RAS

The landlord can insist that he pays the full rent for the full 12 month contract, whether he moves out or not, unless there is a break clause.

The LL cannot stop him claiming LHA and the next best thing he can do is to get a boarder (not a lodger) to help pay the rest of the money. LL cannot stop this (it is NOT sub-letting).

BigAunty

He is obliged to pay the rent that is due for the length of the rental contract unless he can negotiate an early surrender with the landlord. Perhaps the landlord would prefer to mitigate any potential arrears by releasing your friend early from the contract.

If he moves out early without the consent of the landlord, the landlord can retain his deposit and pursue him through the courts for the rent due for the remainder of the contract, plus court fees, though some landlords will try to mitigate their losses by finding a replacement tenant.

Has your friend checked if the contract has a break-clause where he can legitimately serve early notice ahead of the fixed term?

Housing benefit is paid directly to the tenant (local housing allowance) and now bypasses the landlord. See the local council website to understand how to apply. It's not up to the landlord to give his consent during the HB claims process by the claimant.

The landlord may have a point in that sometimes the rent will exceed the HB received by the tenant, particularly if the property is larger than their needs. The local council website will detail the Local Housing Allowance rate that your friend is due. He may need to top up the difference between the rent and the LHA (HB for private sector tenants) from his savings or his out of work benefits.

The Shelter website will advise your friend how to mitigate rent arrears, how to end a tenancy agreement legitimately, how to negotiate with a landlord. It also has a section on how HB/LHA operates.

Guest101

Why not a lodger?

But yes absolutely, the LL cannot stop anyone claiming any benefits. And your friend should not move out

mrsb74

Thanks, I have told him to fill out a housing benefit claim, there is a section where it says "can we inform your landlord", I have told him to tick no, so the landlord has no reason to find out?

mrsb74

And I will get him to see if there is an early break clause

pmlindyloo

If your friend has not received any support from housing benefit for the past year then he/she will be entitled to a 13 week protection period when the full rent will be paid through housing benefit. This is to give the claimant time to get a new job.

BitterAndTwisted

That is not always the case, as I have recently discovered.

FR_262

Your landlord's insurance might be affected if you go on benefits. You must tell your landlord. If anything happens against which your LL could claim on his insurance your LL could take you to court and you could end up paying for the repairs.

BitterAndTwisted

For me, if it was a choice between keeping schtum and staying in the property or disclosing and risking eviction I know which one I would be making.

pmlindyloo

BitterAndTwisted wrote: »

That is not always the case, as I have recently discovered.

As far as I am aware the 13 week protection rule still applies as long as you fall under the eligibility 'rules'.


See here:


http://www.hackney.gov.uk/local-housing-allowance.htm#.Uq9CjqOGm1s


I do know that local councils do not often advertise this and you need to ask about it.