landlord not renewing tenancy - Help

Okydoky25

When did you sign your last yearly agreement. May or Nov 2013?

BigAunty

My understanding of the localism act that came in a few years ago is that it was supposed to end the gatekeeping practice of councils telling the tenants to ignore the notice that has been served and forcing the landlord to take the them to court to get a possession order. I thought councils (who were already previously told off by the local government ombudsman for dragging out the eviction process) are now supposed to act upon the receipt of the notice, rather than its expiry and subsequent court action.

"My trouble is that I can't afford to rent any of the few and far between privately rented houses in this area. "

Allegedly, Local Housing Allowance rates are supposed to mean that the bottom third of local rentals are affordable to those on housing benefit. It is supposed to be calculated on the 30th percentile. This supposed to mean that a HB claimant who is not in the position to top up their rent or has no inclination to do so, can secure housing for their budget, albeit not the nicest of properties, in the nicest parts of town. This is subject to a great deal of dispute by tenants who often report there is nothing within their price range, not even the cheapest properties in their area.

Perhaps this is something for the OP to bring to the attention of their MP, the fantasy that LHA rates make 1 in 3 properties affordable on HB.

jules-2005

rpc wrote: »

Was the prescribed information served again each and every time the tenancy was renewed?

https://www.depositprotection.com/documents/superstrike-vs-rodrigues-guidance-on-implications.pdf


Legally, I suspect that the LL will find it hard to do things properly. Morally, I would be inclined to do your best to leave in an orderly manner. The LL will be able to evict eventually, unless there is a pressing need not to then I would cooperate.

Did you get the advice you needed to help you move on? Either into private rented or social housing?

I'm going to sound really dumb here. What does the prescribed information actually say .. I had a sheaf of papers with lots of garb, terms and conditions, every time I renewed the contract and have them going back to the beginning of my tenancy. I'm not quite sure what wording I'm looking for

I've had some very good advice which will hopefully help me move onwards

makeyourdaddyproud

Do nothing until you get official section 21 papers.

Then take them to the council.

jules-2005

Okydoky25 wrote: »

When did you sign your last yearly agreement. May or Nov 2013?

Sorry missed this earlier. May 2013

Mrs_pbradley936

A worry that I would have and perhaps someone can say if it is anything to worry about, if she refuses to move out and gives the landlord a hard time will it endanger her chances of another private rental?


If the OP needs a reference she is not likely to get one if she has made life difficult for the owner.

[Deleted User]

That's all very well, but I know from my experience, not only is it difficult to find a property with an affordable rent, it is also difficult to find a LL (and particularly a LA) who will accept a tenant who is in receipt of Housing allowance. That's the main problem. Then there's saving up yet another deposit, month's rent in advance.

So the tenant may have no choice but to wait for a S21 etc. Its not a case of 'making life difficult for a LL' its a case of making a move possible for the tenant.

jules-2005

S21 has come in the post this morning, Will go to see the council tomorrow morning, They either don't answer the phone or are permanently busy when the switchboard try and put me through.

rpc

jules-2005 wrote: »

I'm going to sound really dumb here. What does the prescribed information actually say ..

It's only dumb if you don't ask.

Your deposit is in DPS? Have a read of these, the second is what you should have received:

https://www.depositprotection.com/help/browse/custodial/agent-landlord/prescribed-information

https://www.depositprotection.com/documents/prescribed-information-template.pdf

jules-2005

Well an update so far ... I should be out of here by next Thursday. I'm about 13th in line for housing with the council. The rents have gone up even further in the last couple of months and there is no way I can afford to rent privately.

I spoke to the landlord last night and told him that I have been advised by the council to sit tight until I'm evicted and he's gone ballistic and told me he won't allow me to do that as his ex wife is moving in here on the day I'm supposed to be moving out and that she's given notice on her rented accommodation with a knock on effect of someone moving into the place she was renting.

After doing his nut he offered to pay the difference from what I'm paying here to what it would cost to rent somewhere else for a couple of months ... Pretty sure that would render me not homeless if I accepted that and there's no guarantee he would pay once I'm out of here, Then he suggested I go to a hotel or a b&b with 3 kids in tow.

I suggested he spoke to the letting agents and read the rules and regs on proper eviction procedures on Shelter.

This morning I've had two messages left on voicemail, the first one saying he's looked all around for housing for me and there is a house in a village a few miles away at £100 a month more than I'm paying now and that if i was desperate there are 2 bedroom houses (I've got 2 boys aged 13.14 and a girl aged 10) available.

The second message was telling me how unfair I was being and that I would be wrecking my credit rating for the sake of 2 weeks as he said the accelerated possession order would take 2 weeks maximum to get me out and that I'd never get a reference for renting again.

I'm feeling quite intimidated and sick now .. the council told me it would take 2 - 3 months for him to get the orders for me to leave.

Please help calm me down