Sign new Tenancy Agreement or benefits will be suspended?

Smodlet

It sounds as if neither your LL nor your letting agent have the first idea what they are doing; how unusual, not.

Mr_Gnu

Went to the council today they advised me to ask for new LLs bank details and tell them if he won't comply.

Both old agents and new have told me to stop standing order to old agent.

This worries me that he could start a section 21 or section 8 and have me out in two weeks for being in arrears.

I will tell new LL on Monday to give me his bank details then council can move HB across and i can pay the standing order for top ups. Hopefully he will comply.


Council advised me not to sign new 6mth AST , even the staff at front desk said same.

Smodlet

Where do you get 2 weeks from and why are you scared of stopping the payment to the old letting agent/LL?

Mr_Gnu

Smodlet wrote: »

Where do you get 2 weeks from and why are you scared of stopping the payment to the old letting agent/LL?

I was messaging shelter tonight and they put it to me that if I fall foul of the agreement, which I take to mean the ongoing tenancy agreement, that I am not paying rent as they both told me to stop the standing order for top ups.then the new LL could use section 21 and or section 8. to evict me.

The new LL has not gave me bank details to change the HB over,he wants me to sign a new AST.

Pixie5740

Mr_Gnu wrote: »

I was messaging shelter tonight and they put it to me that if I fall foul of the agreement, which I take to mean the ongoing tenancy agreement, that I am not paying rent as they both told me to stop the standing order for top ups.then the new LL could use section 21 and or section 8. to evict me.

The new LL has not gave me bank details to change the HB over,he wants me to sign a new AST.

I'm not sure why you take it to mean that. The previous owner is no longer your landlord and you have been informed of that so there is no point continuing the standing order to him or an agent acting on his behalf. You need to get the payment details for the new landlord and start paying him instead.

A Section 21 can be issued at any time and does not need a ground i.e. a reason whereas a Section 8 does require a ground. Should you be issued with a Section 8 for arrears (unlikely at this stage) and you have not been supplied with the correct bank details to make payments to then that would be your defence - how can you make payments when no one has told you when to make them?

For more information about how and when an AST can be ended please read G_M's Guide to Ending/Renewing an AST.

[Deleted User]

I would suggest you write to the new LL/LA asking formally for bank details. Say you have been told by the council to stop paying rent to the old agency but will keep the money to pay the new LL/LA as soon as new bank details are supplied. I imagine the LL/LA will do the same (stop paying rent).

It is for the new LA and old LA to communicate with each other to sort out the rent that has been paid to the wrong place by the council and yourself. As no correct bank details have been provided that is not your fault.

Keep a copy of the letter, get proof of posting (provided for free at post office). If there were any problems you can demonstrate the efforts you have made to obtain bank details and that you have kept the money ready to pay it.

Mr_Gnu

Many thanks for your helpful replies.

I have been to council with bank details given to me this morning by the new LL but they weren't interested.

They suspended my claim until they get a new AST, they said I can add a break clause (?) at the bottom of it stating I can move before 6 mths ,and they also want proof that the new LL owns the property.

So I phoned the new LL and they will come out to see me have me sign the AST and inspect the house then I imagine they will take it from there.

I am due to view a house in 2 to 3 weeks and will be glad when it's all over as I tend to worry,especially with the mixed messages given to me by the council, also have very little faith in the new LL.

I can now pay the rent top ups to the new LL. EDIT, I might wait until I have signed the AST.Worried now the new LL might want a fee.

HampshireH

IF you sign a new tenancy you need to make sure it is water tight in allowing you to give notice and leave at any time.

You can't just "add in a clause".

You could be tied into another 6 months. Do not just take your 'LL word for it.

Pixie5740

If the council are (rightly or wrongly) insisting on a new AST ask for a contractual periodic tenancy.

Mr_Gnu

HampshireH wrote: »

IF you sign a new tenancy you need to make sure it is water tight in allowing you to give notice and leave at any time.

You can't just "add in a clause".

You could be tied into another 6 months. Do not just take your 'LL word for it.

Pixie5740 wrote: »

If the council are (rightly or wrongly) insisting on a new AST ask for a contractual periodic tenancy.

Really wary of signing it now.



Just got off phone to shelter, no need to sign a new AST ! everyone except the silly person who suspended my HB agrees on this.:mad:

The shelter chap said to get a letter of proof of ownership from LL/agents letter with bank details on it,and take it to council and get CAB involved.

I asked the agents yesterday and today for an email with the bank details for top ups to be paid but they still haven't sent one.

EDIT UPDATE :
Weds 18th April.

Been on phone to CAB and welfare rights both said to sign a new AST otherwise things will get worse.Phoned ESA to see if I will still get paid but got automated message saying wait and see.

Phoned new LL they are coming round tomorrow with a AST with a break clause. I'll take that to council on Friday.

The agents say they don't do periodic tenacies.