ESA Rent

Swango

I'm not sure if this is the right section. If not could a moderator please move it to the correct section. Thank you.

This may take a while to read so please bear with me. I'd like to cover all of the pertinent facts as best I can.

Hello everyone.

Around three years ago my cousin and my aunt were due to move into a property (private). My cousin receives ESA and my aunt receives UC. My aunt was told by the estate agents that they would setup the rent payments on her behalf.

However they ran into a problem with the month's advance because my aunt had issues with her bank account and instead my cousin used his for it (I don''t know if this is ever supposed to be reimbursed, I don't think it is but I thought I'd mention it anyway).

They had this property for around six months or so from December 2018/January to May/June 2019.

During this period the rent was never covered by the housing allowance or authorities or whoever it was that was supposed to be covering it, as if they were unaware that they were supposed to.

Instead the entire amount was being taken from my cousin's account each month from savings which he had in there. Which totaled around £2550.

In the end they left because they couldn't afford to cover the rent and the savings were gone (among other reasons which aren't important).

I realise this was three years ago, but it only became apparent today that the rent was starting to be paid to the landlord. Albeit only after they had moved out. Not only that, but the rent is continuing to be paid to the landlord now and has been for the last three years under my aunt's name, despite their being new tenants in the property (presumably they've been there for the last three years).

Of course the pandemic starting not long after all of this caused everything to be a bit hectic across everyone's board, which is why this has only came to light now.

I was just wonder a couple of things if anyone could help me out with them:

• Is my cousin entitled to any kind of reimbursement from the rent he paid which he shouldn't have been paying?
• Is it legal for the landlord to continue accepting this rent knowing my aunt is no longer a tenant at the property?
• My aunt is also being charged council tax on this property

Any help anyone could give would be greatly appreciated.

Thank you.

poppy12345

They will need to speak to the landlord of the property. With regards to council tax, didn't they report the changes to their local Authority when they moved out? If she didn't then she will also need to contact them.

Swango

poppy12345 said:

They will need to speak to the landlord of the property. With regards to council tax, didn't they report the changes to their local Authority when they moved out? If she didn't then she will also need to contact them.

Thanks for your reply.

It's always been impossible to speak to the landlord personally because he doesn't live in the country. Everything was sorted out through the estate agent who was in contact with the landlord.

I'm not 100% certain on whether or not she reported the changes to the local authority when she moved out, although I believe she did. I'll contact her and ask her.

Thanks again.

poppy12345

Then speak to the letting agency, rather than the landlord.

alliboy03

Shelter is a charity that gives specific, correct information about housing problems, ongoing or otherwise. The landlord has done something illegal. I personally would get all the facts written down and contact the non-emergency local police line. I would also seek a solicitor, legal aid should be available. You may be more comfortable contacting the charity shelter first and getting their advice. This is terrible and I would not only seek to get the full amount of money back but also compensation for all the trouble it's caused your family.

Swango

alliboy03 said:

Shelter is a charity that gives specific, correct information about housing problems, ongoing or otherwise. The landlord has done something illegal. I personally would get all the facts written down and contact the non-emergency local police line. I would also seek a solicitor, legal aid should be available. You may be more comfortable contacting the charity shelter first and getting their advice. This is terrible and I would not only seek to get the full amount of money back but also compensation for all the trouble it's caused your family.

In that case I'll call Shelter first to see what they have to say and what they advise is the best way to approach things.

I just want to help them get this sorted as quickly and easily as possible.

Thank you very much for your reply and for your advice.