Will I need to undergo another medical assessment if I move home and claim Universal Credit?

MrHeisenberg

Hi all,

I am thinking of moving home, as my landlord keeps putting the rent up substantially every year, whilst my housing benefit remains frozen (https://www.bbc.co.uk/news/articles/cwyx7z4ynr5o). I simply can't sustain that in the long-term. I received news this afternoon that my landlord is putting the rent up substantially yet again, whilst he is aware that I am dependent on the state in order to survive.

I have tried to negotiate with my landlord, but he simply isn't budging.

I suspect other people are experiencing the same overwhelming difficulties.

I am currently in the ESA Support Group, and I also claim PIP, but in the current cost of living crisis, this income does not go very far at all.

I am also on my local Council's housing register due to a medical need, but my concern is that I can only bid on social/council housing around the time there is a break clause in my tenancy agreement, or shortly before that comes to an end every 12 months. I am also in a relatively low priority in terms of banding. 

I am thinking of moving to a part of England where rents are more affordable. Obviously moving is the last thing I want to do given my poor health, but I feel I have little or no choice at the moment.

My worry is that if I move, I will need to submit a (new?) claim for Universal Credit, and I may have to go through the extremely traumatic experience of being assessed again in terms of my fitness to work, and the worry is that no person is infallible, so mistakes could be made.

Any advice would be appreciated.

Muttleythefrog

Your status should transfer across (from existing ESA claim)  if UC is applied for or claim triggered due to change but there have been teething issues and the government have actually mentioned about it in recent days. Best thing to do is perhaps contact UC by phone or your online journal once claim set up to point out you already have LCWRA.

elsien

I can’t answer your benefit questions, but just wanted to check you’re aware you don’t have to keep signing 12 months contracts for your tenancy?
Once the initial 12 months is up, then you simply roll over onto a rolling contract so the break clause/end of tenancy wouldn’t apply leaving you open to bid whenever you were ready. 

MrHeisenberg

elsien said:

I can’t answer your benefit questions, but just wanted to check you’re aware you don’t have to keep signing 12 months contracts for your tenancy?
Once the initial 12 months is up, then you simply roll over onto a rolling contract so the break clause/end of tenancy wouldn’t apply leaving you open to bid whenever you were ready. 

Many thanks. It seems my landlord and agent need me to sign a new tenancy agreement in order for the rent increase to take effect though?

Spoonie_Turtle

If you claim Universal Credit your ESA Support Group status will transfer across as LCWRA.  There will be no automatic need for a new assessment.

In an area with cheaper rents the housing element available may also be less.  (But it might be the case that you can find somewhere that's not as much above the rent help as your current place, so less of a shortfall.)  You can check here for places you might be considering https://lha-direct.voa.gov.uk/

Newcad

Elsien is correct about the situation with signing a new tenancy.

No matter what the Agency (acting for your landlord) says, you do not have to accept or sign a new Tenancy Agreement.

The agency want you to sgn a new one so that they can then charge your landlord a 'renewal fee' (they can't legally charge tenants for that anymore). It's  all about the agency trying to make more money for themselves

So refuse to sign a new TA and by law you then get a "Statutory Periodic Tenancy" (STP). It's  the law and they have to do it.

They can still put the rent up each year  with a months notice of the rise, but they can't tie you down for the next year.

A tenant can end  a STP by giving at least a months notice that ends on the renewal date of when it became a STP.

(I'm simplifying a bit but those are the general rules for a SPT).

However-

I have to be honest and say that in your situation where your main income is benefits then you are very unlikely to find a private landlord who will rent somewhere to you

Been there, done that, couldn't afford a new T-shirt. I stuck it out and eventually after a number of years got a decent Social Housing flat

Sorry if that sounds discouraging but I hope some of it helps, keep plugging away and you can get there- I did.

MrHeisenberg

Newcad said:

Elsien is correct about the situation with signing a new tenancy.

No matter what the Agency (acting for your landlord) says, you do not have to accept or sign a new Tenancy Agreement.

The agency want you to sgn a new one so that they can then charge your landlord a 'renewal fee' (they can't legally charge tenants for that anymore). It's  all about the agency trying to make more money for themselves

So refuse to sign a new TA and by law you then get a "Statutory Periodic Tenancy" (STP). It's  the law and they have to do it.

They can still put the rent up each year  with a months notice of the rise, but they can't tie you down for the next year.

A tenant can end  a STP by giving at least a months notice that ends on the renewal date of when it became a STP.

(I'm simplifying a bit but those are the general rules for a SPT).

However-

I have to be honest and say that in your situation where your main income is benefits then you are very unlikely to find a private landlord who will rent somewhere to you

Been there, done that, couldn't afford a new T-shirt. I stuck it out and eventually after a number of years got a decent Social Housing flat

Sorry if that sounds discouraging but I hope some of it helps, keep plugging away and you can get there- I did.

My only worry with asking for a STP is that it gives the impression that I am about to leave, and am not happy, and that could result in being served an eviction notice.

Yes, I agree that some landlords are very reluctant to accept benefit claimants as tenants, and that has very much been my experience (some have covertly, unlawfully and unethically refused to accept me as a tenant). I think that is probably unlawful in my case, as I am reliant on benefits due to a disability, but appreciate some landlords will try their luck. I know I can complain to the Property Ombudsman if an agent discriminates against me, so that can act as a deterrent, but not always.

elsien

You don't ask for a rolling contract; it just happens.
And yes it's possible they could go the S21 route but if you have been a good tenant it would be a poor business decision for the landlord to make - evict you in favour of the expense of finding a new tenant who could be much less reliable. 

Are they following the rent rise process lawfully? 

Newcad

Quite often you find that the agency tells the tenant that it's the landlord insisting on a new tenancy, while telling the landlord that it's the tenant who are insisting.

In 9/10 cases though it's just the agent wanting to be able to charge the landlord a ' New Tenancy' fee every year.
Most landlords are happy to let the tenancy automatically go monthly periodic after the first fixed term, for good tenants, and not have to pay that yearly fee.
(Previously the agents would also charge the tenant a fee too, but that is now illegal).

Of course a new tenancy for a new fixed term does give you some protection against any short notice S21 eviction, but it also ties you in if you do want to leave early.

MrHeisenberg

elsien said:

You don't ask for a rolling contract; it just happens.
And yes it's possible they could go the S21 route but if you have been a good tenant it would be a poor business decision for the landlord to make - evict you in favour of the expense of finding a new tenant who could be much less reliable. 

Are they following the rent rise process lawfully? 

Many thanks.

I have spoken to the agent again this afternoon, and it seems both the landlord and the agent are refusing to allow a rolling contract - they will simply serve notice if I don't agree to the rent increase and the renewal of the tenancy agreement. He seemed to strangely suggest that the landlord can't put the rent up if contract rolls, but that doesn't appear to be correct, as it is my understanding that that can be done once a year? This puts me in a very difficult position in terms of acquiring social housing.

Yes, that does seem like a very risky measure. He could end up with a bad tenant who goes into arrears and does not take care of the place etc. They know that I am a good tenant.

It seems they are using the new tenancy agreement, albeit in the most forceful (and arguably unethical) way, as a means to increase the rent, so, on the face of it, that seems lawful.

I am told by my agent that far more landlords are leaving the market than joining it, and the situation is probably going to get much worse due to the recent rise in Stamp Duty (an increase of around 2%). It really has become a crisis.

MrHeisenberg

Newcad said:

Quite often you find that the agency tells the tenant that it's the landlord insisting on a new tenancy, while telling the landlord that it's the tenant who are insisting.

In 9/10 cases though it's just the agent wanting to be able to charge the landlord a ' New Tenancy' fee every year.
Most landlords are happy to let the tenancy automatically go monthly periodic after the first fixed term, for good tenants, and not have to pay that yearly fee.
(Previously the agents would also charge the tenant a fee too, but that is now illegal).

Of course a new tenancy for a new fixed term does give you some protection against any short notice S21 eviction, but it also ties you in if you do want to leave early.

I am very inclined to agree with you, and that would not surprise me at all. Sadly, there is way too much unscrupulous conduct that goes on in terms of the property market. For example, I know that my previous estate agent was telling potential buyers that I was served notice before I was, and my previous landlord told me that he was going to arrange for the property to be sold with me in situ, but he then served notice a few weeks later. I was also brazenly discriminated against by estate agents for being in the very unfortunate position of being ill and having to rely on state support.

It is a very difficult and overwhelming situation that I am in, so much so that I am getting very little sleep, as I definitely need to move into social/council housing as soon as possible, and it seems that I have to somehow manage to do that whilst tied to the terms of a new tenancy agreement, albeit one that includes a 6 month break clause. Equally, I don't want to sacrifice any security that I currently have or may have.