Six months rent due, no money

ScaredCrazy

Been waiting for the weekend to be over to get the notice address from the letting agency, but it turns out the phone has been cut off and there's a reconnection fee - I don't know when that can be paid.

I tried contacting Shelter, there's a lot of information and it's too much and too complicated to take in (I'm having trouble with simply things like eating at the moment, there's too much in my brain), but it looks like it mostly points back to their website, and doesn't actually stop anything bad happening. Talks about how eviction works and what to do afterwards, I need to know how to stop it from happening.

I also got someone else's Shelter reply by mistake, I'm scared they might need it and not have it now, but the email is no-reply, so I don't know how to fix that.

I was supposed to book a Citizen's Advice appointment today, but they don't see you without appointments, and I can't phone for an appointment if the phone is disconnected. I don't know what to do now.

Got another letter in the post today. It says the landlady wants the flat back, and we have to be out by 12 noon on 27/03/2014. It doesn't say how to stop her and make her leave us alone. I don't know what to do, it's all getting very scary and too much to handle.

G_M

ScaredCrazy wrote: »

Got another letter in the post today. It says the landlady wants the flat back, and we have to be out by 12 noon on 27/03/2014. It doesn't say how to stop her and make her leave us alone. I don't know what to do, it's all getting very scary and too much to handle.

1) Understand that the LL cannot make you leave. CAN NOT.

only a court can do that. If she wants you to leave, she has to go to court first ad get a judge to make a possession order.

Whatever letters you get from her, whatever threats, you do NOT have o leave, on 27/3/14 or any other date, unless a court tells you to.

2) that is why we have been asking about s21 Notices etc. To go to court, she first has to serve a S21 and wait 2 months.

3) if you owe rent, she can also use a S8 Notice for rent arrears, but still has to go to court.

4) so keep paying rent. If you have lost/destroyed the tenancy agreement and do not remember the monthly rent, take the amount you paid upfront last time for 6 months. Divide it by 6. Pay that each month. If you keep paying monthly, you will (probobly) not be in arrears, and a S8 Notice should fail in court.

(I say 'probobly' because we have not seen your tenancy agreement, and 'should fail' because the court has discretion if there is a history of rent arrears)

ScaredCrazy

Gah, I think I might have been really stupid and not explained properly. I am very sorry, it is getting really difficult to think clearly.

We have started getting housing benefit, but I think that's all the income there is at the moment, so food is coming out of that at present (presumably also my girlfriend's debts and bank charges, I do not have the information). The housing benefit is less than the rent in any case. ESA and PIP have been applied for - the intention is to use some money from them to pay the rest of the rent over the housing benefit amount. Unfortunately, these will take assessments, and then probably appeals before the full amount will be paid, which will take time.

Consequently, at present, I don't know how we can pay rent.

Very sorry if I have caused confusion, I am not good at this.

Pixie5740

You mentioned in an earlier post that your in contact with mental health people. This situation is clearly stressing you out and affecting your mental well being so try and get an appointment to speak with them.

As GM says the landlord cannot make you move out only a court can do that and the landlord can't go to court before 27th March which buys you some time.

If you and your girlfriend are struggling with finances and debt contact the national debt helpline, step change or Christians Against Poverty. They could offer you both support and advice.

Shelter are another good organisation you could try to help you with your housing situation.

Edit: your mental health team might be able to help put you in contact with organisations to help with your finances, benefit entitlement and housing.

[Deleted User]

ScaredCrazy wrote: »

I was supposed to book a Citizen's Advice appointment today, but they don't see you without appointments, and I can't phone for an appointment if the phone is disconnected. I don't know what to do now.

You should be able to book an appointment in person, it won't be for the same day but it should get you the opportunity to see them. If you can't book in person, PM me your name and the name of your town and I'll phone and book an appointment for you

BigAunty

ScaredCrazy wrote: »

We have started getting housing benefit, but I think that's all the income there is at the moment, so food is coming out of that at present (presumably also my girlfriend's debts and bank charges, I do not have the information). The housing benefit is less than the rent in any case.

I do understand the myriad of problems and their complexity that you and your girlfriend are suffering from.

Hopefully, you will find someone to advocate on your behalf and sort out all your issues for you systematically but you must do your best to do this on your own as you may not get a good advocate in the near future or perhaps not get one at all.

You may feel at the moment that you have no choice whatsoever but to spend your housing benefit on basic expenses like food. It is clear that your situation is desperate.

However, it is imperative and absolutely essential that you use your housing benefit to pay your rent. It, like council tax, is considered a priority debt because of the huge ramifications that come from not paying it (compared with not paying a credit card bill, for example). Not paying rent can lead to homelessness, not paying council tax can lead to prosecution and prison.

You must get on top of your debts and the bank charges to decrease your unnecessary outgoings and you must sort out your other benefit entitlements as soon as possible. This will restore the proper balance so that your HB goes in full towards your rent and you can pay the difference between the rent and the HB from your other benefits.

My understanding is that some HB claimants are protected for the first 13 weeks of their claim and it can get paid at this rate for that transition period. I don't know what the conditions are to be entitled to this but the benefit forum members will know - ask them if you may qualify for this.

Also, you can request discretionary housing payment with the local council and they could consider paying you more HB than your basic entitlement for a period of time (but they don't have to). Ask your local council for DHP.

You can expect every landlord to serve you notice at every property that you live at if you do not pay your rent or pay it late. In your other thread, you expressed surprise when you were late with your rent in the past and your landlord said they would serve notice.

Lets be clear here - despite the fact that paying 6 months rent upfront is an unachievable request by your current landlady and despite the fact that you were only slightly late last time - you will regularly face the risk of losing every home you live in if you pay your rent late or don't pay it in full. Please understand the importance of paying your rent.

Also, if your local council assesses you to see if they are required to help you with any homelessness application, they may take a dim view that you have spent your HB on things other than your rent, believing that it is your behaviour and actions that have caused you to lose the home that you live in. However, don't panic at this stage - all factors are considered, a homelessness application is reviewed on a case by case basis.

It is a shame that your girlfriend will not give you any information whatsoever about shared bills, her debts or general household finances. Her lack of cooperation seems to be a key factor, amongst other causes, in why your rent is going unpaid despite your receiving the HB to pay most of it, why you entered a spiral that you currently see no current way out of, the horrible momentum that is causing you to be engulfed by debt.

See if you can get a referral to a local food bank - usually it requires the referral by a professional such as Citizens Advice, doctor, social worker or similar.

TBagpuss

Do you have a mental health support worker or social worker? If so, they may be able to help you, to advocate on your behalf with your landlord/agency and to help you find the information you need.

Good luck. It sounds as though you are in a very difficult situation.

hickles69

Guest101 wrote: »

Contact the agent and request the LLs address they must provide it within 21 days. Failing to do so is a criminal offence

Hi Scaredcrazy could I just ask if you have a support worker? If not your council should be able to recommend the local companies who hold Supporting People contracts and are able to provide one - this is tenancy related support and it sounds like you would qualify. Feel free to pm me any queries. This is a free service but they will be able to come in and help you.


Hicks

anotheruser

You can't blame everything on your "mental problems".
Getting a new place through the council or whatever will only move the "mental problems" there - not SOLVE them.
You need to be working towards solving them otherwise you will never get out of the place where you currently are.

You might be better off going to a specialised hospital, which would solve two of your two problems.

GDB2222

anotheruser wrote: »

You can't blame everything on your "mental problems".
Getting a new place through the council or whatever will only move the "mental problems" there - not SOLVE them.
You need to be working towards solving them otherwise you will never get out of the place where you currently are.

You might be better off going to a specialised hospital, which would solve two of your two problems.

The hospitals are mostly closed - care in the community is the thing now.