Big Badger House (aka Noisy Lodger) HE'S GONE!

safesound

The below links make for interesting reading (they are pretty much identical). It seems they cant use benefits to repay an overdraft but only if you have written to them and told them not to.

http://www.corby.gov.uk/AdviceAndBenefits/Benefits/Pages/AreYouOverdrawn.aspx
http://www.warwickdc.gov.uk/WDC/Housing/Housing+finance/Housing+benefits/Safeguarding+Housing+Benefit+payments.htm

Badger_Lady

Thanks, dudes. I've composed a reply:

Hia,

Thanks for the letter - it's certainly detailed :-) Wednesday night will be absolutely fine; I'll be getting back from London around lunchtime and back to the house at 5 or 6 ish.

In the meantime, I've done a bit of research to try and help you out... firstly though, don't panic! No-one's going to leave you stranded or penniless; thankfully that's not the way this country works. So here's what I know:

1) The Council

Well, important to point out that housing benefit won't stay suspended. I don't know what they said in your letter (and I really hope it wasn't nasty), but they told me that if you agree that you're more than 8 weeks behind on rent, or don't respond within 2 weeks, they will resume the payments but make them directly to me instead of you. This should be a relief - your bank won't be able to touch them and you can relax knowing that the rent is covered (and that I know who to take it up with if it stops!).

The best way to speed up that process is for you to contact the council and tell them that yes, you are behind. Don't worry, they can't do anything about it - it's not benefit fraud or anything like that and they won't try to claim it back from you. The ONLY thing they can do is switch the future payments to your landlady.

2) Bank stealing your benefits

This rang a bell with me - the First Right of Appropriation stops the banks from using any benefit payment to reduce a debt, including overdraft: http://www.warwickdc.gov.uk/WDC/Housing/Housing+finance/Housing+benefits/Safeguarding+Housing+Benefit+payments.htm

Unfortunately, it only works if you write to the bank, and can't be applied retrospectively. So, sadly, you really have lost out this time but if you fill out one of the letters above and send it in, they won't be able to reduce your overdraft ever again (unless you're earning money). It's worth doing this because, otherwise, they could reduce your overdraft any time they fancy.

3) Moving out

Of course you can choose to move out whenever you feel is right, and I understand if you're worried about being alone (it must be really tough in your condition). For God's sake don't feel rushed, but as soon as you've got everything sorted let me know so I can plan for it (at least a couple of weeks' notice).

4) How much is owed?

We'll sit down on Wednesday and work it out together. It sounds like we're pretty much in agreement, to be honest - it shouldn't be difficult to settle. You've said in your letter than you're two months behind (the council aren't concerned with eBay or cleaning etc), and don't forget that the next month is due this week. So please don't worry about this - it needs to be repaid, and we'll work out how much you can pay and when. I know you're particularly skint right now, so maybe we can set something up where you pay small instalments regularly... and you won't have to worry about the future rent because I'll be getting it directly from the council.

I really hope you haven't been too stressed about this today, and that you've had a chance to relax and take care of yourself (and bump!). I'll see you in a couple of days and we'll straighten out the whole mess.

Be cool,
Badger x

poppysarah

Oh you are too nice. Will you adopt me please?

Willsnarf1983

far to nice! theres no way ur getting ur money back if she is leaving soon I'm afraid!

Will

m1ntie

Hi Badger Lady, I agree you are far to nice and trusting for your own good.

I have been renting rooms to lodgers in my house for over 4 years and do not allow anyone to get more than 7 days in arrears.

In my lodger agreement I usually state 4 weeks notice on either side but I also have the following clause.

"Early Termination Either party may at any time end this Agreement by giving to the other written notice of ______ days/weeks. However the Agreement shall terminate immediately without notice if the rent is more than 7 days in arrears."

I have never actually had to invoke it, but I have had to remind a couple of lodgers about it. I am concernened that you say you may have forgoten 1 payment that Quackers made. Dont you keep records - did she pay cash or cheque.

I will be very surprised if you get any of the arrears, I am sorry to say I think you are being taken for a mug by a very manipulative person.

Good luck

Badger_Lady

Thanks m1ntie. Hey, I've been going two years now! I've got a very similar clause in the contract (which is 1 month either way), but it's never really been an issue before - whatever trouble the guys may have given me, they've always kept track of their rent and made sure it arrives at some point before the next one.

When Quackers first moved in, I was convinced that she'd be reliable... I bought her a rent book and occasionally suggested that we write some stuff down but she was very dismissive. It was only when things started going wrong that I started paying attention (I have a LOT of other stuff to keep me distracted!).

She has only ever paid cash, making it harder to check records... most of my lodgers have chosen to use cash and it suits me quite well. I have just found out on the benefits board that she's only just in enough arrears now... they don't take "rent in advance" to count as arrears, so by their rules she's now eight and a half weeks behind. And they have to be eight weeks behind before intervention.

I don't want to discriminate by gender, but I always was keen to just live with boys and I can't wait to go back to them! I like boys. They don't get knocked up, for a start.

JanCee

I do feel that she is taking you for a ride BL. I will repeat what I said earlier - ask her to show you her bank statements for the period concerned. She is partly blaming the bank for her financial troubles and so it could be easily verified.

Once she has moved out what do you think your chances of getting your £600/£900 are?

Horace

You are far too nice and you seem to be giving her options to not pay (well, that's how it reads to me). I would remove the bit about setting up a payment plan and draw her attention to her tenancy agreeement and the need to give one month's notice.

As for the bank using her benefits to clear her overdraft - that's her problem and not yours, she should have had the sense to write to them to explain her situation. As others have said, she blames everyone but herself - so she is 21 and up the duff but what has she been doing until now - she has been living on her wits and scamming all and sundry (anyone that falls for her woe is me sob story. Any debt is of her own making - she spent the money not some luminous creature from mars.

I think too that you also need to keep proper records of rent paid so you know exactly what was paid and when - maybe by setting up a direct debit or getting them to pay by standing order. It is an easier way that having to rely on a bundle of cash in an envelope and your memory.

Good Luck and make sure you ask for references next time.

Badger_Lady

To be honest, I think it's being practical... jumping up and down, screaming at her that she's obliged to pay NOW NOW NOW sadly isn't going to lead anywhere except misery. The only way I can possibly claw back some of the arrears is through a payment plan, and the only way I can guarantee future rent is through direct payment. And sure, she should straighten out her own finances, but at the end of the day I'm older and more worldly-wise than her (all 5 years!) and if I can guide her into straightening things out, I'll reap the benefit in rent paid instead of "lost".

This is a tetchy case. Normally: lodger falls behind, lodger gets kicked out, lodger gets taken to small claims for the arrears. With Quackers: lodger falls behind, council starts paying instead, no point taking lodger to small claims for the arrears because she has no income. I don't have a legal route here, only a softly-softly one...

Jowo_2

I don't understand the long-winded reply. I skimmed through the guff to ignore her finger pointing and sob stories and my response would have been 'here is a break-down of your arrears and money owed for other goods as requested. I confirm that I am happy to accept your notice, therefore as per the lodgers agreement you should move out on or before x date'.

Edit: Here is some handy info for how to avoid unreliable lodgers through screening them out through the first place and managing rent arrears promptly. Ignore references to eviction/ possession through the courts which applies to tenants, not lodgers.

http://www.landlordzone.co.uk/rent%20arrears.htm
http://www.landlordzone.co.uk/rent-arrears.htm