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help please regarding besit and housing benifit

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Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can you/he phone the council and explain/ask what's up. Ask the benefits office if he can have an emergency loan? Check with whoever is the case person that got him that place? Get them to call the landlord?

    I don't know how these things work. But somebody at the offices must be able to offer some words/help to assist.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    If he was allocated this place by the council because he was homeless, can the council do something about the situation - either by speaking to the landlord, or pushing the claim along, or making a hardship loan?

    Sorry I don't know the answers to these questions, but I agree it does seem harsh if he has been allocated homeless accommodation by the council and now risks losing it because of delays in sorting out council benefits.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • catsonic
    catsonic Posts: 422 Forumite
    why did the ll offer him the tenancy? the ll knew he didnt have any money to pay the rent and the council wouldnt process the hb till they got the tenancy agreement?

    That is just soooooo daft!
  • catsonic
    catsonic Posts: 422 Forumite
    he went to the council this morning and all they said is you have to tell the ll what the delay is about. He did that and no joy. The person who got him the place isnt answering his phone!! lol

    Will tell him to get in touch with social about emergency loan. Didnt think about that!
  • N79
    N79 Posts: 2,615 Forumite
    While it is true the landlord has been very trusting (niavely so in my opinion), BF is liable for the rent irrespectiv of whether benefit is paid.

    This is one of the reasons that many LL (myself included) refuse to let to people on benefits.

    However, the landlord can not just evict a tenant, even one who has never paid the rent, without due process. This one is a mess. My opinion is that the tenant must pay some rent ASAP as otherwise the LL could claim that it has never existed (no consideration). This would allow the LL to evict tonight by claiming BF as an illegal occupier.

    If some rent is paid (as little as GBP1) then the LL will need to start eviction proceedings. Given the level of arreas that will be via a S8 notice giving 2 weeks after which the LL seeks possesion.
  • catsonic
    catsonic Posts: 422 Forumite
    thank you everyone for your help. Just rang daughters boyfreind and he's with the council officer now and hes not a happy chappy. He's trying to get in touch with the ll now to get it all sorted.
  • catsonic
    catsonic Posts: 422 Forumite
    I do understand the ll point of view totally. It must be a very frustating business dealing with dss people due to the amount of time it takes for the rent to come in.
  • catsonic
    catsonic Posts: 422 Forumite
    but then if a person has no money and only enough money to live on how can they pay rent?
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