Sticky Situation - Rental Agreement Breach?

effortless

Hey folks.

As if I didn't have enough on my mind, something else has reared it's ugly head to give me something else to worry about.


I'm in the process of closing down self employment (online business) in the next few weeks, but in looking to claim housing benefit I looked through my Rental Agreement (I've been here close to 7 years) and some issues have cropped up.

- Theres a clause in the agreement that says I'm not supposed to carry on a trade or profession at home
- Theres a clause that says benefit should be paid to the landlord through the agent


I've rarely spoken to my agent since i moved in and have never spoken to the landlord, I've never had an inspection. In claiming I have the option to get the funds to myself and pay it, or have it direct to the landlord, but they have to sign it.

I don't want to cause myself to be evicted, I'm slightly in arrears (no communication yet) but working to get that sorted, and I can't cease trading until the 26th, awaiting a final payment.


Is there anything I can do to keep a roof over my head? Should I get the benefit to my account or tell them about the HB and risk losing everything?

kyana

Someone else will hopefully have more info but i would've thought you'd be fine with regards to working from home as long as your business didn't involve clients coming to the property.

effortless

Nobody coming to the property, just me with a website or two.

I could do this work from anywhere.

Appreciate the response, thanks!

LADYXXMACBETH

The housing benefit cannot contact your Landlord unless you give them permission. I know of loads of people that are in private rentals and the LL says No DSS but they still claim.
Personally I wouldn't worry about it. There will be a tick box saying that you give permission to speak to the LL just don't tick it.

effortless

LADYXXMACBETH wrote: »

The housing benefit cannot contact your Landlord unless you give them permission. I know of loads of people that are in private rentals and the LL says No DSS but they still claim.
Personally I wouldn't worry about it. There will be a tick box saying that you give permission to speak to the LL just don't tick it.

Thanks for response.

I've been toying with the idea but not sure of the implications. With my financial future uncertain I'm trying to get provisions in place so I don't fall far into arrears

princeofpounds

There are no implications. The rental payment clause is not enforceable for a number of reasons.

Of course if the LL finds out he may choose to evict you anyway via the no-fault S21 process at the end of the tenancy, but I doubt he would find out as long as the money still hits his account each month. And if the money hasn't stopped flowing, he may not care much (although he might do for insurance reasons if he has rent protection insurance or similar)

The business clause is potentially enforceable, but practically speaking it's not going to be an issue if all you have done is run a website from your computer. There are no damages to sue you for, and an injunction to stop it would be pretty pointless too. Again the most likely scenario if the LL cares (and they probably won't) is to issue you a S21 for the end of the fixed period of the tenancy.

Your biggest worry at the moment is the arrears.

brenda10

effortless wrote: »

Thanks for response.

I've been toying with the idea but not sure of the implications. With my financial future uncertain I'm trying to get provisions in place so I don't fall far into arrears

Hope all turns up good for you, you deserve it, you have been working hard and keep your chin up.