Eviction notice served

jebervic

Well good luck, but out of interest can I ask if it would have been simpler to have HB paid directly to the LL ?, I think paying to the tenant is a big mistake and often leads to be people not being able to cope and ultimately being evicted.

In the long run it would surely be better for a more organised approach by the Housing Dept and the Benefit office, lets not forget the LL is just as much as a victim in all this.

teeni

jebervic wrote: »

Well good luck, but out of interest can I ask if it would have been simpler to have HB paid directly to the LL ?, I think paying to the tenant is a big mistake and often leads to be people not being able to cope and ultimately being evicted.

In the long run it would surely be better for a more organised approach by the Housing Dept and the Benefit office, lets not forget the LL is just as much as a victim in all this.

Did you know that when Local Housing Allowance replaces housing benefit county wide in April the allowance will have to be paid directly to the claimant, unless client is totally unable to cope with own affairs. Paying to the landlord will no longer be an option.

jebervic

teeni wrote: »

Did you know that when Local Housing Allowance replaces housing benefit county wide in April the allowance will have to be paid directly to the claimant, unless client is totally unable to cope with own affairs. Paying to the landlord will no longer be an option.

No I never knew that, I was aware that that they will pay HB direct to the tenant if they were 8 weeks or more in arrears, which I was suprised this never kicked in with the OP- thus prevening mandatory repossession, repossession would then have been on discretionary grounds and eviction would have been far less likely.

I can see evictions being far more widespread from April onwards.

pania

sorry jebervic, landlord not a victim at all in all this. he allowed MOT to move into property on a tennancy agreement without telling her that the house was for sale until the day she moved in. He has further been moving her stuff without authorisation and harrasing her. that doesn't sound like a victim to me.

teeni

I Live in a pilot area so we have had local housing allowance for quite a while now.

We had worries that it would result in a lot of extra evictions, but it works like this

If rent gets into arrears landlord contacts the department and they suspend the claim (they don't pay anybody) When they have investigated if ll is correct they will pay direct to landlord until arrears cleared, then it goes back to tenant. If ll is trying it on the payment will be reinstated and again paid directly to tenant.

When they brought it in here the market rent was set very high and almost 95% of claimants were better off that under the housing benefit system.( no Guarentee that will be the same every where mind)

The main thing is that housing allowance claims are processed very quickly because the authority do not have to wait for a reference rent for each property. And of course the claimane knows exactly how much they will be entitled to as the amount does not change irrespective of the amount of rent paid or the size of the house rented.

Initial worries appear to have been unfounded here anyway.

jebervic

teeni wrote: »

I Live in a pilot area so we have had local housing allowance for quite a while now.

We had worries that it would result in a lot of extra evictions, but it works like this

If rent gets into arrears landlord contacts the department and they suspend the claim (they don't pay anybody) When they have investigated if ll is correct they will pay direct to landlord until arrears cleared, then it goes back to tenant. If ll is trying it on the payment will be reinstated and again paid directly to tenant.

When they brought it in here the market rent was set very high and almost 95% of claimants were better off that under the housing benefit system.( no Guarentee that will be the same every where mind)

The main thing is that housing allowance claims are processed very quickly because the authority do not have to wait for a reference rent for each property. And of course the claimane knows exactly how much they will be entitled to as the amount does not change irrespective of the amount of rent paid or the size of the house rented.

Initial worries appear to have been unfounded here anyway.

The problem is that they only pay HB directly to the LL if the tenant is in arrears by 8 weeks, but by then the tenant actually 3 months rent, the tenant only has to owe 2 months for the court to HAVE to award possession to the LL on mandatory grounds.

Sorry but I think that HB is paid to pay for housing costs ONLY, pay it direct to the LL and everyone avoids the misery of eviction.

jebervic

pania wrote: »

sorry jebervic, landlord not a victim at all in all this. he allowed MOT to move into property on a tennancy agreement without telling her that the house was for sale until the day she moved in. He has further been moving her stuff without authorisation and harrasing her. that doesn't sound like a victim to me.

LL most likely has to meet the costs of a mortgage on the property MOT lives in, how do you know what impact the loss of the agreed rent is having on him/her family ?, he/she will also have to main the property throughout the period of no income, meet his own mortgage costs, pay for safety certificates, pay for buildings insurance.

The LL and MOT had an agreement, she lived in the house and agreed to pay the rent, in return the LL was obligated to maintain the property. As for selling the property, well why not?, it is his after all !- however the tenancy agreement GUARANTEES that she doesn't have to leave the property for the agreed period of the AST and from what i've read she was in the house for 18 months, so it looks like he sold the house and gave her 2 months notice to leave, again this is perfectly acceptable, he isn't a registered charity.

As for the harrasment, well i've partially read the thread and MOT never really quotes any serious harrasment.


But before everyone starts to gang up on me, I am also sympathetic to MOT for going through a rough patch in her life and I wish her all the best, I am just saying that there is another side of the coin.

dancingfairy

Hi MOT. Just wanted to stop by and say hi. Wish there was something I could do to help and hope things get sorted for you soon. df

teeni

jebervic wrote: »

The problem is that they only pay HB directly to the LL if the tenant is in arrears by 8 weeks, but by then the tenant actually 3 months rent, the tenant only has to owe 2 months for the court to HAVE to award possession to the LL on mandatory grounds.

Sorry but I think that HB is paid to pay for housing costs ONLY, pay it direct to the LL and everyone avoids the misery of eviction.

Not saying that I disagree with you , just stating how it works. Apparently it puts choice back in the habds of the applicant, i.e they can choose what size property to live in, how much they want to pay for rent (remember that if they have more housing allowance that thery pay it does not effect their benefit sat all).

I think all this can be acheived and allow payments to be made direct to the landlord, but who am i to argue with those in power.

The most frightening thing is that very soon this system is going to be brought in to housing benefit for the public sector tenants instead of h/b being transferred to the housing department in local authoritys and housing associations etc it will be paid direct to claimant . We will just have to wait and see what the out come of that is.

Bye

mumoftwins

jebervic wrote: »

LL most likely has to meet the costs of a mortgage on the property MOT lives in, how do you know what impact the loss of the agreed rent is having on him/her family ?, he/she will also have to main the property throughout the period of no income, meet his own mortgage costs, pay for safety certificates, pay for buildings insurance.

The LL and MOT had an agreement, she lived in the house and agreed to pay the rent, in return the LL was obligated to maintain the property. As for selling the property, well why not?, it is his after all !- however the tenancy agreement GUARANTEES that she doesn't have to leave the property for the agreed period of the AST and from what i've read she was in the house for 18 months, so it looks like he sold the house and gave her 2 months notice to leave, again this is perfectly acceptable, he isn't a registered charity.

As for the harrasment, well i've partially read the thread and MOT never really quotes any serious harrasment.


But before everyone starts to gang up on me, I am also sympathetic to MOT for going through a rough patch in her life and I wish her all the best, I am just saying that there is another side of the coin.

Just for your info jebervic, the LL has a very small mortgage on these properties (he told me months ago) - not that it makes any difference to the fact that I haven't paid him for a few months, and also he is a very wealthy man to the point of being a millionaire (again not that it makes any difference) - I am trying to give you a better idea of my situation as he is not your run of the mill buy to let LL.

As for costs of having to maintain the property - well don't get me started on that one! That is a matter for another board as there are numerous items that have needed fixing since I moved in here and he has never done despite reminders verbally and in writing! Some of these are to do with the electrics which are downright dangerous - and yes, I do know what I am talking about.

The whole point of moving here initially was that it was long term let so I was assured by the rental agents and I asked them to confirm so with LL before signing TA. Had I known that he was selling it I would not have moved in.

As for harrassment, there have been a lot of issues here and with the other tenants from the LL, one of which was telling my children they would be put into care - if that is not 'serious harrassment' I don't know what is .

Thank you for your best wishes.