Don't have Housing proof letter for UC and landlady will not give a letter for UC ?

pmlindyloo

elsien said:

pmlindyloo said:

I have found this:

If the landlord is unwilling to provide a letter, you will have to write to the landlord, requesting a statement under Section 20a of the Housing Act 1988. Under Section 20, tenants have a legal right to request a notice, in writing, of the terms of their tenancy. Any landlord who fails, without reasonable excuse, to comply with a request within 28 days, is liable on summary conviction (meaning by Magistrates, in the lower court) to a fine.

Does any member of the family have power of attorney for your landlady?

Could you contact the family who live nearby and let them know that their mother legally has to supply details of the tenancy or otherwise may be fined?

It might help if you provided a letter detailing what needs to be written - date tenancy began, rent per month (broken down to show whether it includes bills), name of tenant etc etc  You could even draft the letter yourself and send/email it to them.

If OP is a lodger not a tenant then there are different obligations and it may well be that the section20 you are quoting doesn’t apply because OP doesn’t have a tenancy in that respect.
if she’s going to quote her rights she needs to make sure they are correct. 

It also sounds possible that none of this cash in hand is being properly declared and rocking the boat could end up with her being asked to leave. Again, lodgers are a lot easier to get rid of than tenants. 

Is there any part of the house you have exclusive use of - lock on the bedroom door so landlady can’t access, for example? 

Yes, you are right.  The legislation I quoted does not seem to apply.

I read that the OP had a tenancy agreement and then forgot that she had a live in landlady.

This is a mess.  The landlady obviously does not have a clue as to what she is doing.  Combined with this she is unlikely to be declaring the rent.

I am not sure what the OP can do in these circumstances.

Maybe they need to write on their journal the circumstances and let it go to a Decision Maker.

It maybe worth posting on the House/renting forum and see what they say about the situation.

elsien

The other option, if OP can afford it, it to negotiate a lower more affordable rate to store her belongings while she is away, then try to regularise things when she gets back. 

Going back to the UC, do your bank statements show regular £900 cash withdrawals every month? It’s not definitive proof of anything but it’s still part of the bigger picture for a UC decision maker. 

Nannytone

None of which proving liability to pay rent. You also are currently out of the UK for more than a month so have no no entitlement to Universal Credit.
Seems like you have a real big problem on your hands and

CosmoChic

Had there been no mention of £900 per month rent, based on the description of the living situation I'd have assumed this set-up was that of a "companion" whereby the "companion" lived board/lodgings free, or even received a small remuneration in addition to free board/lodgings in return for "keeping an eye" on the elderly LL.

Aside from the apparent naivety of handing over (presumably unwitnessed?) £900 per month in cash to an elderly woman who has dementia, it seems it may also be viewed by the DWP this is complicity with/participation in potential benefit- and tax-fraud being perpetuated by others .... family don't want to affect LLs benefits, undeclared income, no registration at address i.e. sole occupancy CT discount being claimed?  

Before taking into account the OP is on an extended stay outwith the UK, the situation, as described,reads as a complete quagmire even to the uneducated reader.  I imagine cynical/world-weary DWP staff will have a lot of questions.

If I were the OP, I'd be taking up all of the suggestions made so far e.g. trawling bank accounts to prove regular withdrawal amounts increasing from £500 to £900 over the years.  It won't be proof, per se, but it may add some credibility to what is, otherwise, an incredulous tale of naivety. 

The only option I can see is for the OP is to throw herself at the mercy of the DWP and hope for some leniency in return for, perhaps, being a witness should the LL/LLs family be committing fraud of any sort.  I'd suggest the OP owes the LL and/or her family no loyalty at this stage.

Spoonie_Turtle

CosmoChic said:

The only option I can see is for the OP is to throw herself at the mercy of the DWP and hope for some leniency in return for, perhaps, being a witness should the LL/LLs family be committing fraud of any sort.  I'd suggest the OP owes the LL and/or her family no loyalty at this stage.

OP I agree with this, and perhaps it would be a good idea to look for somewhere to rent that is ideally around the price of the LHA for soon after you return to the UK.  That way you would be able to move before being kicked out, even if you're still trying to make some sense of the mess you're currently in.

kayshaw555

Spoonie_Turtle said:

CosmoChic said:

The only option I can see is for the OP is to throw herself at the mercy of the DWP and hope for some leniency in return for, perhaps, being a witness should the LL/LLs family be committing fraud of any sort.  I'd suggest the OP owes the LL and/or her family no loyalty at this stage.

OP I agree with this, and perhaps it would be a good idea to look for somewhere to rent that is ideally around the price of the LHA for soon after you return to the UK.  That way you would be able to move before being kicked out, even if you're still trying to make some sense of the mess you're currently in.

Thanks @CosmoChic and @Spoonie_Turtle As of now i will also update UC that i am out of the UK for more than 28 days and once am back i will try to ask my LL for letter. uC has asked to upload all documents by 2 july 2021 or else they will ask for overpayment. Do you guys think i will get some time until i come back to the UK and sort out this mess.?

huckster

No, they won't allow you an extended period of time. If you are no longer eligible for UC because you are not in the UK, then they will close the claim and an overpayment for the Housing will be referred to DWP Debt Management.  A letter will appear in your journal stating overpayment amount and what you need to do.  You can later appeal the overpayment with DWP when you return to the UK, providing any evidence such as landlord letter.

kayshaw555

huckster said:

No, they won't allow you an extended period of time. If you are no longer eligible for UC because you are not in the UK, then they will close the claim and an overpayment for the Housing will be referred to DWP Debt Management.  A letter will appear in your journal stating overpayment amount and what you need to do.  You can later appeal the overpayment with DWP when you return to the UK, providing any evidence such as landlord letter.

Oh that's bad. And do you know how they calculate overpayment . For eg my house rent is £900 pm they paid for 12 months. 

poppy12345

Then it will be £900 x 12.

kayshaw555

poppy12345 said:

Then it will be £900 x 12.

that's £10,800. omg. But don't they consider that i wont be living there for free and must be paying some rent and do a calculation according to the area i live in. 
How they charge this overpayment . In one go or weekly or monthly and what amount ?

Am very much stressed with this situation and feel like just making one letter and sign on behalf of my LL and submit to UC. How would they know. Its difficult for me to prove to UC about rent.