Yay more Fun - Housing Association Rental Repossession

[kilasuit]

Re: Yay more Fun

the thought running through my head atm is if i was to go Private and pay 6months up front would i be entitled to claim HB on that 6 months rent??

[PlanB]

Re: Yay more Fun

That's a good question I don't see why not. You'd be making a claim based on your status as a JSA claimant which ought to give you an automatic entitlement to HB once you've filled in the application form and provided the council with your AST as proof. The Housing Allowance payment should go direct into your bank account fortnightly once it's been processed.

That should continue to be the case unless you get into 8 weeks' rent arrears and then the Landlord can apply to the council to have the payments diverted to them.

In my experience most Tenants don't even tell their Landlord they're in receipt of HB How would they ever find out so long as you keep up with the rent (or in your case if they've already banked the rent in advance).

If you tell the estate agent you're self-employed and offer six months' rent upfront most agents won't even carry out a reference check What's the point if they've already got the money

[kilasuit]

Re: Yay more Fun

Well recieved their witness statement and its from someone i've never spoken to yet he clearly states that he has spoken to me.

They however have made note of the HB in the witness statement.

[PlanB]

Re: Yay more Fun

Well recieved their witness statement and its from someone i've never spoken to yet he clearly states that he has spoken to me.

They however have made note of the HB in the witness statement.

What have they said about the HB

[kilasuit]

Re: Yay more Fun

they acknowledge that they are receiving HB.


Though looking through it they have enclosed the original tenancy agreement which showed a lower rent than they current rent as they increased it in April

In fact should they have been allowed to increase the rent in the first 12months?

[PlanB]

Re: Yay more Fun

they acknowledge that they are receiving HB.


Though looking through it they have enclosed the original tenancy agreement which showed a lower rent than they current rent as they increased it in April

In fact should they have been allowed to increase the rent in the first 12months?

Only if there's a clause in the tenancy agreement which allows them to increase your rent It should also say by how much (a % is the norm) because how can you sign a 12 month legally binding contract to pay £XX per week in rent, only to find that after a few months it becomes £XXXX per week and you're stuck in the contract until it expires being unable to pay. Check through your tenancy agreement for a specific clause.

I should add that HB amounts usually increase each year in April so there may have been a link to reflect that change written into the tenancy agreement.

[kilasuit]

Re: Yay more Fun

I should add that HB amounts usually increase each year in April so there may have been a link to reflect that change written into the tenancy agreement.

yeah there is for the first week of april

[PlanB]

Re: Yay more Fun

yeah there is for the first week of april

But you weren't on HB when you signed your tenancy agreement in July 2011 you were working for McDees; and you were still working for McDees in April so how come they can increase your rent if/when HB allowances change What does your tenancy agreement actually say about rent increases in case there's a small chance you've been overcharged rent which could put a spanner in the works for these possession proceedings on Thursday

[kilasuit]

Re: Yay more Fun

1.6 The rent will be reviewed with effect from the first Monday of April following the commencement of this tenancy and on the first Monday of April in each year thereafter

Seems pretty much as tight as it could be

[PlanB]

Re: Yay more Fun

Seems pretty much as tight as it could be

So they can just double your rent every April if they feel like it can they

Is there something in there about a cap/limit on any rent increase or how it will be calculated or what the calculation will be based on How much was the actual increase and was it affordable and fair

[kilasuit]

Re: Yay more Fun

It went from £91.87 a week to £96.96 a week, so nothing drastic but still it was more the principle of it all.

Kinda coincidental that the problem occured in April with the DD

[Pixie]

Re: Yay more Fun

My HA always increases the rent in April...in line with the start of the financial year.

[kilasuit]

Re: Yay more Fun

needless to say looking pretty dim for an outlook housing wise.

just had CAB advisor on phone and she is gonna try and crack a deal with HA although that looks like it will fail.

i just hope everything else goes ok this week

[jon1965]

Re: Yay more Fun

You should be able to because when you make the claim they will give you a certain number of weeks to produce a tenancy agreement. That's all the proof they need, you don't have to indicate you've paid 6 months in advance.

When I first claimed HB I had all sorts of problems because I owned a house (that I didn't live in) . My Mum paid my rent for me but eventually HB paid up with all the back pay, so they do not need to know ...I even told HB that I was getting grief from my landlord to get it sorted!

They WON'T! HB goes into *your* account, you then pay the rent by SO into their account. No way to find out.

I had the choice of payment to me or payment to LL. Of course many letting agents require references, mine didn't and he ended up with me!

Not always, LHAs in this area have remained the same for 3-4 years and, in some cases, they have actually DECREASED! Although most commonly adjusted in April, LHAs can change at other times too.

They can change on a monthly basis but generally only by a few pence

They can't! LHAs are calculated based on average rents, not the other way round. It used to be that if your rent was lower than the LHA you could keep up to £15/week but I believe that's no longer the case.

Rates of benefit aside I always thought it was stupid you could live in a cheap place and get £15 a week more than someone who lived in a slightly different area etc

[PlanB]

Re: Yay more Fun

Kilasuit. You're repossession hearing is at 3.45 pm tomorrow and courts usually only sit until 4 pm which gives you 15 minutes to make out your case for staying in your home to the judge

I would use that time to convince the DJ that the problem of rent arrears can be solved in an instant because you now have the funds to pay them following your McDees' payout. Maybe take your bank statement with you to show the court that the money is there and you're not bluffing (unless you've already paid those arrears which would be even better). Point out that your HB is now being paid direct to the HA.

Then I would give the DJ all the reasons why as a loving family unit with nowhere else to go you deserve to stay put and not be made homeless. That will be so much better than attacking the other side for their procedural errors over the bank rent collection method. If you get time you should throw that in too (it's in your WS anyway) but maybe prioritise your need to have a home. Take along Paul's Supreme Court case law to support your argument.

With any luck you will be able to grab the Duty Solicitor when you arrive so he can speak on your behalf at the hearing. It'll be well worth it.

There's nothing more I can say except I wish you the very best of luck