In arrears, what to do

Cakeguts

You have just provided a good example of why people should always have savings. One of the reasons why older people always seem to have money is because they were always putting money away into "saving for a rainy day." An old saying meaning that if something went wrong like you got ill or lost your job you wouldn't be without money because you had savings to tide you over.

Comms69

HomelessHopeless wrote: »

Slithery, thank you for your reply. I have not found anywhere else to rent because a) I live in a very expensive area, and do not have a deposti available, and b) I have been with a family member who has, in the last three weeks, been diagnosed with multi cancers with a terminal outcome (this is the situation which began the problems). I am also struggling with my own chronic health issue which is worsened by stress.

Comms69, thank you. I am intending to pay as per my previous post. This is NOT being accepted by the EA, so I am unsure whether I need to contact them or not, or just pay as I intend to? - Does it matter if they're 'not accepting', if you pay it then you wont owe it.

With regards how many months in arrears I am, it doesn't really matter, what matters is that I am in arrears and my payment offer is not being accepted by the EA/LL. That is my main concern. If they plan om chucking me out anyway then I will just take the early termination and not pay in November, just clear the arrears and be done with. - they cant chuck you out, they could try to evict, but that seems unlikely.

I have come to this forum for help and advice. I have not blamed anyone but myself for my situation, and I am not hiding from it.

Thanks to those of you offering help. I will call Shelter today and let them know that their advice is incorrect.

I doubt telling them will help. It's the interpretation of a single call handler.

Rosemary7391

I'd pay them as much as you can. They can't just terminate your contract, they would have to take you to court and convince a judge to evict you. If you can show that you're rapidly paying off your arrears you stand a better chance of being allowed to see out your fixed term. If you can take an overdraft, loan, or even run up a credit card instead of spending cash on food etc then that would be better (since that debt then isn't tied to your accomodation). Rent is a priority bill for a reason.



I would also take a serious look at saving enough to be able to move out at the end of the fixed term, in case they decide to evict you via S21 which is mandatory. If they don't, you'll have a cushion to weather any future problems so you win either way

HomelessHopeless

Thank you all for your help.

I have managed to find somewhere to move to, so have asked the EA to backdate the notice to vacate as per the LL's wishes to 09/10 and I can then pay the full arrears back this month.

My friend thinks they may now reject this as it may have been to try and panic me into paying more off of my arrears more quickly. Whether they have actually asked the LL if this is what they want I do not know. I will wait to hear from them (I won't take no reply as my queue to move of course, and if I don't hear from them will pay my rent plus the first payment towards my arrears as previously planned!).

It would be good to get some clarity on what two month's arrears actually means!

FBaby

Their are much worse tenants than you. You've paid just above half so made an effort and are in communication with them. Paying November in full will restore some faith and it might be forgotten if you repay everything in December and continue to pay the £950 until the end of contract. With luck, they might even agree for you to stay afterwards.

HomelessHopeless

Well, I can leave on 8th November as long as I have cleared my arrears by then..

They have also asked me to pay the re-marketing fee, which I have agreed to, but have said no to immediate re-marketing and viewings, I have asked them to wait until I have cleared all of my things. They've not agreed to this yet, but I am hopeful that they will.

Given everything else that is going on, I really just want to be able to leave in peace..!

Comms69

HomelessHopeless wrote: »

Well, I can leave on 8th November as long as I have cleared my arrears by then..

They have also asked me to pay the re-marketing fee, which I have agreed to, but have said no to immediate re-marketing and viewings, I have asked them to wait until I have cleared all of my things. They've not agreed to this yet, but I am hopeful that they will.

Given everything else that is going on, I really just want to be able to leave in peace..!

I don't understand. It seems this is costing you more, in a shorter period, and you're happy with it?

wesleyad

Sunny_Intervals wrote: »

It's being debated because the guidance isn't very clear if what you're saying is correct. Most people, including those organisations by the sound of it, are interpreting it as "at least two full months' rent". If that's not the case, I was hoping for something to send them to make it clear that this isn't the case so they can provide clearer guidance.

If they were £1 in arrears, I wouldn't say they weren't in arrears, but I'd consider them to be less than 1 month in arrears, because I'm reading "one month's rent" as meaning "one full month's rent" rather than "one's month's rent or any part thereof". e.g. Would someone whose rent was £100pm be in two month's arrears if they paid £99 two months running?

I'm not saying you're wrong, I'm just asking for a source which shows the proper interpretation that would be used in court so I can pass it along and get the guidance fixed.

I think you are right, the legislation is rent arrears of 2 months, not rent arrears for 2 months. The important distinction being rent arrear of 2 months is a set value (2 months rent) whereas rent arrears for 2 months could be a very small amount (like your example)

HomelessHopeless

Comms69, at this stage, they have said that is my only option. I can afford to clear the rent arrears at the end of October if I'm not paying rent, and can stay with friend for a month or two until I can rent somewhere else.

It is only costing me the additional £150, so if it means I can leave and just be done with it all then fair enough, I'll accept that.

Getting rid of the furniture while I'm working is going to be tricky, but I'll try.. Do you think they'll mind if I leave the fridge freezer?!!

Comms69

HomelessHopeless wrote: »

Comms69, at this stage, they have said that is my only option. - You've been told by literally everyone here that it is not your only option. I can afford to clear the rent arrears at the end of October if I'm not paying rent, and can stay with friend for a month or two until I can rent somewhere else.

It is only costing me the additional £150, so if it means I can leave and just be done with it all then fair enough, I'll accept that.

Getting rid of the furniture while I'm working is going to be tricky, but I'll try.. Do you think they'll mind if I leave the fridge freezer?!!

No idea, I would've stayed put and ignored them. Legally there was little they could do.