LHA problem, different agency staff tell me different things, no help from council

zoffi

Running on from other thread having a nightmare with the council and ll, council had a doubt on my claim so I keep giving more and more information like 6 months backdated bank statements, 6 months utility bills, copies of tenancy agreement and letters from landlord stating I live here to be asked for more information.

I paid £200 of the balance whilst its sorted but LL wants me to clear whole lot which I can't afford, last week I told them that I have managed to get a large increase on my credit card which will cover it but wont be till 1st November but LL still wants me to pay now and keeps emailing and leaving voicemails demanding payment "or else"

But whenever I ring the agency the staff just say not to worry they just want to make sure things are getting sorted and they will leave notes on the file.

Got a email and text today stating if I dont pay today they will "take further action" because they believe I have moved out (despite letting workmen in 2 weeks ago)

Before I go on phone and shout at them what shall I say to them?

Pixie5740

This is the previous thread.

Who are you going to shout at on the phone? Why do you think shouting at someone is going to help your situation?

I understand that you are frustrated with your situation, I would be too but you catch more flies with honey than vinegar.

Your landlord is saying you need to pay or else. The else is just you being served notice he can't just boot you out on the street as that would be illegal.

zoffi

I am not literally going to shout at them on phone I meant stand up for myself and state my rights.

And they have already given me my notice.

And from the way they worded the message like "pay today or we will assume you have moved out and take further action" makes me worry they will change the locks.

Pixie5740

You still haven't answered who "they" are. Are you referring to your landlord? The letting agency? The council? Who?

If you are talking about the landlord or letting agent then they cannot assume you have moved out. The tenancy can only be ended by you, the tenant, or a court. You have given notice so the further action would be going to court to get an eviction notice.

zoffi

Yes the landlord who is also to agency, the council is a seperate matter.

Pixie5740

Firstly, your contract is with the landlord. You don't have a contract with the letting agent, they just work on the landlord's behalf.

I don't see what phoning up either the landlord or the letting agent is going to achieve. You're annoyed, your landlord is annoyed and the letting agency can't agree to anything without the landlord's consent.

What kind of notice have you been served? A Section 8? Section 21? When did you receive notice? What dates are on the notice?

When did your tenancy start (exact date please)? What sort of tenancy do you have? Fixed? If so how long for?

zoffi

The agency and the landlord are the same as in the landlord owns all the properties and also runs the agency.

Its a 21 I think, gave 2 months notice, think it runs out 23rd November

Moved in 1st June 2014 for 6 months.

[Deleted User]

Contact your MP by email. Clearly explain the situation (no more 'theys' just use LL and LA).

Use dated bullet points
(1) on x June Housing asked for this
2) on x of June I sent Q form
3) On X June Housing said this.

Copy all the proof of ID you have sent to housing and any letters sent to you from Housing, plus the S21 form. Ask for his help sorting this out.

End with statement that because of this mess, you are in danger of being made homeless and you have no idea how to proceed to sort the situation out and prove you are living in the property.

Send copy of letter to the person you are dealing with in housing. Another one to the LL to show you are serious. Send a copy of any reply to the LL.

If no clear person in charge, go to housing and ask who you should send this to.

zoffi

Thats what I was thinking, to contact the MP.

Only issue I see there is I dont keep logs of the dates though I guess I can get copies from landlord of them.

I was thinking of telling the council to come and visit me and prove I live here, but part of me is paranoid as I have a nice tv in living room and a nice looking computer in bedroom with another nice tv (bought when working) so paranoid they will ask me how I could afford them.

Pixie5740

Hang on a second. You have more than one nice television? Why have you not sold these when you are in arrears? I would have.

You can contact your MP and try to escalate things within the council's housing department but there is no defense against a correctly issued Section 21 notice. If your landlord does things by the book then he will get you out of the property. On the plus side, a Section 21 "no fault" notice can also be used to get the council to re-home you although they'll probably wait until bailiffs are physically removing you from the property before doing something.

zoffi

Pixie5740 wrote: »

Hang on a second. You have more than one nice television? Why have you not sold these when you are in arrears? I would have.

You can contact your MP and try to escalate things within the council's housing department but there is no defense against a correctly issued Section 21 notice. If your landlord does things by the book then he will get you out of the property. On the plus side, a Section 21 "no fault" notice can also be used to get the council to re-home you although they'll probably wait until bailiffs are physically removing you from the property before doing something.

The tv is nice but if I sold it since it was £180 new I may get about £60 for it, the other one is a 6 year old tv which despite being hd wont sell for much if anything since its plasma, and I could scrape together £60 by living off bread and basics for a week or so but without a tv I would be even more depressed.

Part of my health issues are I need stimulation due to depression and I am autistic.

I am meant to be "entitled" to a council house anyway but such a long waiting list, and I am happy where I am and would cost a lot to move stuff anyway even if on same estate and I don't want to leave on bad terms with landlord, only lucky thing there is there was no deposit given only rent in advance.