Landlord accused me of fraud in email and obtained private information from council?

NYM

lighting_up_the_chalice wrote: »

Absolutely. It's your money to do with as you see fit. You are, as an adult, responsible for the consequences of your actions, of course.

To look at it another way, for many who rent, their ultimate recourse when, for instance, the landlord isn't fulfilling their obligations (ie not doing essential repairs, not getting a gas safety cert etc) is to with-hold rent. Why should that option be denied to a good tenant who happens to rely on HB? Wouldn't that leave the poorest even more exposed to exploitation?

Do the repairs yourself and deduct the cost from your rent
You do not have the right to withhold the rent, even if your landlord is refusing to do repairs. If you don't pay your rent, the landlord might try to evict you.

However, in certain circumstances, and if you have strong tenancy rights (for example if you are an assured or regulated tenant) it may be possible for you to arrange for the repairs to be done and then deduct the cost from your rent.

If the landlord has failed to do the repairs that he's legally required to do, and as long as you follow the correct procedure, you can do the repair yourself and deduct the cost from rent payments. If you do not follow the correct procedure, you could be evicted and you will still be liable for the rent – you will also be responsible for putting right any repairs that are badly carried out.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

lighting_up_the_chalice

RichardD1970 wrote: »

I thought that withholding rent was never advised?

Never rented myself, just going on what I've read on here in the past.

I'm certainly not advising it. I'm just asking why people think that option should be removed from, arguably, those most likely to need it. ie those who, due to the way HB is calculated, will always be housed in the cheaper end of the rental market?

lighting_up_the_chalice

SnooksNJ wrote: »

So is it OK for a landlord to be exposed because he relies on rent money to pay his mortgage.

He's running a business and has to accept some of the risks associated with that. Even those who don't rely on HB could stop paying rent. He, of course, can mitigate this by withdrawing the service he provides through eviction.

SnooksNJ wrote: »

Anyway repairs isn't the issue here. I'm just surprised that HB is considered income that can be spent anyway the recipient wants.

Why? It's exactly the same for those who don't rely on HB. Why should those who do be absolved of that responsibility?

lighting_up_the_chalice

NYM wrote: »

Do the repairs yourself and deduct the cost from your rent
You do not have the right to withhold the rent, even if your landlord is refusing to do repairs. If you don't pay your rent, the landlord might try to evict you.

However, in certain circumstances, and if you have strong tenancy rights (for example if you are an assured or regulated tenant) it may be possible for you to arrange for the repairs to be done and then deduct the cost from your rent.

If the landlord has failed to do the repairs that he's legally required to do, and as long as you follow the correct procedure, you can do the repair yourself and deduct the cost from rent payments. If you do not follow the correct procedure, you could be evicted and you will still be liable for the rent – you will also be responsible for putting right any repairs that are badly carried out.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

And in order to have such an option, you need to be in control of the payment of HB..... Which is the point being made.

RichardD1970

lighting_up_the_chalice wrote: »

I'm certainly not advising it. I'm just asking why people think that option should be removed from, arguably, those most likely to need it. ie those who, due to the way HB is calculated, will always be housed in the cheaper end of the rental market?

I don't suggest you were advising withholding rent, but your post intimates that withholding rent is a viable option in a dispute with a landlord, whereas in fact it isn't and will only lead to more trouble. As explained in the post by NYM

lighting_up_the_chalice

RichardD1970 wrote: »

I don't suggest you were advising withholding rent, but your post intimates that withholding rent is a viable option in a dispute with a landlord, whereas in fact it isn't and will only lead to more trouble. As explained in the post by NYM

As I've already said, there are consequences. But I don't see why, as an adult, a HB claimant should be denied that same, informed decision as a non HB claimant. There are, after all, many ways of spending money which carry consequences. Are you suggesting that this level of personal responsibility should be denied to certain sections of the community as a result of their financial circumstances? Isn't that the argument used by those who would have benefits issued as vouchers?

pogofish

Genieee wrote: »

Heads Up: I cannot post this in CAB forum for some reason?

It was closed in 2012 - Why would you want to?

NYM

lighting_up_the_chalice wrote: »

As I've already said, there are consequences. But I don't see why, as an adult, a HB claimant should be denied that same, informed decision as a non HB claimant. There are, after all, many ways of spending money which carry consequences. Are you suggesting that this level of personal responsibility should be denied to certain sections of the community as a result of their financial circumstances? Isn't that the argument used by those who would have benefits issued as vouchers?

No one has the right to stop paying their rent regardless. If a LL is refusing to carry out their legal responsibilities then the same recourse is open to the any renter (private or HB)

All face the same consequences for doing so.

There's no discrimination....

lighting_up_the_chalice

NYM wrote: »

No one has the right to stop paying their rent regardless. If a LL is refusing to carry out their legal responsibilities then the same recourse is open to the any renter (private or HB)

All face the same consequences for doing so.

There's no discrimination....

There is if HB claimants cannot with-hold their rent as non claimants can. I'll accept that in most cases it's wrong to do so, but we should all have the same basic options and responsibilities.

poppasmurf_bewdley

lighting_up_the_chalice wrote: »

What if the tenant isn't paying the rent because the landlord refuses to do repairs?

Tenants have legal recourse to get repairs done, gas certificates issued, etc. Refusing to pay rent could mean the landlord cannot afford to complete repairs.