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Can Anyone Help Please

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On the 19th May 2010 i moved into a 2 bed apartment,on moving in the landlord required 1 months rent (Which was given at Half Price) and 1 months Bond along with £200 admin fees which i payed myself.

I lost my job and had to make a claim for Housing Benefit which i did so on the same day i recieved the keys on the 19th May 2010.The Housing Benefit told me it can take upto eight weeks to process the claim and i grew a concern and told my landlord that the process could be two months but it would be back dated to the claim date.

On the 19th June 2010 the rent still was not processed by the HB and on the 23rd June i recieved a letter telling me that i would be charged £25 for late payment of rent, then a further four days another £25 was added. The HB made a payment to him directly of £406 on the 30th June 2010 which fell short by £69 for the months rent which is 475

I told him that i would have to put in for Discrenational payments to make up the rent which i did so on the 30th June 2010 and that it would make up the difference when processed, but again another £25 charge was filed (Now £100)

It does state in the contract under Administration Fees that £25 can be charged for each reminder of the rent, £50 for every site visit for reminder of the rent, but he is raising the charges every four days of £25.00.

Also when i spoke to the HB as i thought the payments would be payed to me as the landlord can only obtain them if the rent arrears were 8 weeks or more, The Landlord has told the HB in writing that i was 8 weeks in arrears, and he was attempting to claim £950 for unpaid rent form the HB which included April, but i never lived in the property in April, and i had already payed for May to June.

When i confronted the HB about this claim he had submitted i proceeded to ask them that surely this was a fraud claimant of funds which he was attempting to gain,they said no, i am confused on that one to be honest.

Anyway broad of it really is that i am getting all these late rent charges of £25 every four days and it was not even my fault that the HB process took so long and under payed the amount,awaiting top up payments decision being processed.

I have a concern that these charges will keep occuring and when my tenancy expires in 4 months he will take this out of my bond. Can i claim these charges back from the HB as they said i cant, but who is to blame here. ?

All help really appreciated

Comments

  • G_M
    G_M Posts: 51,977 Forumite
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    Write to him explaining that you believe the £25 charges every 4 days are an unfair term as define by the Office of Fair Trading.

    Ask him to agree to remove them from your account.

    Make sure you keep up to date with the rent though, and make up any shortfall each month in what HB pay - you need to find this yourself (bar work?) to ensure the full rent is paid.

    When it comes to returningf your bond, or security deposit, if these £25 charges are claimed, you should contest them as unfair terms.

    I assume your bond/deposit is protected in a recognised scheme? This will have a dispute process, and you should win any dispute (though not if you owe rent).
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
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    A claimant who has not received their LHA two weeks after they've submitted and if they've submitted all the relevant information to the local council, can put in a request for an Interim Housing benefit payment. This isn't automatic, the claimant has to submit it.

    Contact Shelter on their free advice line to understand how to address the unfair penalty fees.

    How much do you have to top up your rent from your benefits (the difference between the LHA and the rent)? And can you afford to if you don't get the discretionary payment (as it isn't always awarded)?

    I thought that LHA claimants whose landlords claim they are in arrears get some kind of notice from the local council inviting them to prove otherwise? I'm not certain about this step but did they contact you and were you in the position to prove that you'd paid the period from 19 May to 18 June so was below the 8 week threshold?
  • Dchett
    Dchett Posts: 2 Newbie
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    I submitted the top up payments from the HB on the 30th June 2010, i do understand that they are not guarenteed and i had to explain what hardship it would cause if i ddi not get them, As making the payments myself as this time i only get £130 per fortnight, i have never signed on before so this is all new to me, i have to pay £30 of that for maintenance, then obvious bills as water and electric i have had two payments form the benefit people and i also have my daughter over every other weekend and the money does not stretch, how some people live on it i can not fathom out, i have interviews in the pipeline but at this time and present the issue at hand is becoming stressful. My rent states i have to top up £69 for the month Jowo hense why i have put in the form for what they call Descrestional payments to top up the HB. again this seems to be a long process and another 3 weeks they are saying and i just have not got the difference at hand how small it might sound. The Bond does state on the tenancy that it will be registered with the TDS 14 days after i have signed the contract so it should be but i have not checked yet.

    As the income goes Jowo they requested off the landlord what monies were owed and i stated to them that i payed the first months rent myself, so i do not understand how he has attempted and submitted a claim or 8 weeks in arrears of £950, which he was not payed for. I emailed the company on friday night and kept a copy in my drafts for future reference.
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