Yay more Fun - Housing Association Rental Repossession

[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

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

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

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

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

As most of today's landlords have a mortgage, . . . .

HB can still be paid directly to the landlord (Kilasuit's has been paid directly to the HA). Prejudice plays a big part, many landlords don't want 'DSS' tenants because they think they are all hooligans who will wreck the place.

All But-To-Let mortgages have a standard clause which prevents the Landlord from taking "DSS" tenants whether they're willing or not because the lenders know it's harder to evict Tenants on HB.

If a BTL borrower falls behind with their mortgage payments there are no possession proceedings because the lender can simply take the property into receivership after two months' arrears. There is no hearing it's just seized by the lender because BTL loans are non-regulated products.

After that the tenant has to pay their rent direct to the lender or its managing agent who will subsequently evict them at the end of their AST in order to sell/auction the property. If the Landlord takes a DSS Tenant then they will have broken the terms of their mortgage and the property can be taken into receivership for that too

There's probably prejudice in there too, but mostly it's about Ts & Cs which forbid Landlords from allowing "DSS" Tenants living in the property

[The Tech Clerk]

Re: Yay more Fun

It's always the Government's fault

I'm appalled at the number of homeless families in London who are being re-housed "outside of the area" even though their friends and families all live nearby. In other words bussed out of town to rundown parts of the Midlands where they know no one, which then creates social ghettos away from sight of the rich locals (and voters). These are mostly families where English is not their first language

In most boroughs you can't have your HB paid direct to the Landlord unless you're at least 8 weeks in arrears unless it's social housing which is presumably why Kilasuit's rent is now being paid direct to his HA. A private Landlord may take him on knowing he's on benefits if he is able to pay the first two months' rent upfront to cover for any delay in processing a HB claim

Nothing new there, they were doing that years ago then paying local councils for re-housing them, then locals still await housing.

[PlanB]

Re: Yay more Fun

It's always the Government's fault

I'm appalled at the number of homeless families in London who are being re-housed "outside of the area" even though their friends and families all live nearby. In other words bussed out of town to rundown parts of the Midlands where they know no one, which then creates social ghettos away from sight of the rich locals (and voters). These are mostly families where English is not their first language

In most boroughs you can't have your HB paid direct to the Landlord unless you're at least 8 weeks in arrears unless it's social housing which is presumably why Kilasuit's rent is now being paid direct to his HA. A private Landlord may take him on knowing he's on benefits if he is able to pay the first two months' rent upfront to cover for any delay in processing a HB claim

[PlanB]

Re: Yay more Fun

Heck if Private landlords lowered their rent (in this area at least) then even with the maximum in HB we would still be lookin at a shortfall of at least £7 a week and thats based on £107.31 a week in HB and the rent being £500pcm.

I'm a private Landlord and if I lowered the rent how would I be able to pay the mortgage on the property or eat That would be like asking you to take a pay cut at McDees so the chain could give away free burgers to starving people in the Third World Everyone has to make a living.

If you have enough for a deposit and the first month's rent then you should be accepted into the private rental sector with no problem if the Landlord accepts HB tenants. Loads of them do. This went wrong when the system changed from paying HB direct to Landlords to this silly "empowering" Housing Allowance scheme where the money goes direct to the Tenant who all too often doesn't pass it on to the Landlord The result was that some Landlords boycotted HB Tenants.

Being in arrears with your current HA and therefore getting repossessed from your current home should not prevent your entitlement to claim HB on a private rental. It only impacts on your statutory entitlement to social housing if you have been been made *intentionally homeless* for withholding any rent which you can afford to pay.

[PlanB]

Re: Yay more Fun

this is where i am trying to get the likely hood of what the council would decide on whether it would be intentional or non-intentional.

If only there was a simple calculator to work it out ehh

It seems to me that your priority is to do whatever you can to prevent being repossessed in court next week for the sake of your family. And if that means paying £700 to clear your rent arrears from your McDees £3.5k unexpected payout then I would urge you to do that. You'll still have £2.8k left to play with even after that

You've got a good sob story for the court:

you were unfairly dismissed from your job

you got into arrears when HB was slow to pay (they always are and DJs accept that) and there was a mix-up over the DD

since the possession proceedings were issued you have fought hard to get an unfair dismissal payout which you have/have not* (*delete accordingly) used to clear your arrears so everything is back on track

you have several job interviews in the pipeline and your missus has started an apprenticeship with good prospects for the future

your little boy is settled in his home and has friends locally, if he is uprooted it will badly affect his happiness and wellbeing (Does he go to a local playgroup or nursery?)

your/her Mother helps with childcare which will be essential when you return to work soon, and if you're forced to move then you can no longer rely on this support and the world will fall in on this happy settled family unit

^^^^ that all sounds so much better than "I won't pay the HA wankers a penny towards my rent arrears because I want to keep my McDees' windfall to buy a car and/or put it in a savings account towards buying a property and/or move into a much nicer private rented property".

Because if the DJ sees you've got enough money to live elsewhere then he'll see no reason to dismiss the Claimant's request for a possession order will he


Do you see what I'm trying to say

[kilasuit]

Re: Yay more Fun

One thing to bear in mind here is that if you are not regarded as homeless, you won't be rehoused. If you go and find a private tenancy then you'll very likely be renting privately for the foreseeable future and if you are not always employed could have a HB shortfall to deal with as well.

If they HA evicts you, the council will have to rehouse you because you have a small child. But they will only do this if you have no other place to stay. However, having rent arrears won't help you here.

You really need to weigh up all the options, if you chose not to pay the arrears and put £3k towards renting a private place instead, you will have to stay in private. If you pay the arrears you could arrange to stay longer in your current flat or, failing that, get evicted and very likely rehoused. It's a decision you have to make before the 18th!

this is where i am trying to get the likely hood of what the council would decide on whether it would be intentional or non-intentional.

If only there was a simple calculator to work it out ehh

[kilasuit]

Re: Yay more Fun

rent subsidised by tax payers like me

Oh dear, I hope I'm not being too outspoken here

Remember i've been one too since 16 and rented since 16 too.

the system is flawed to the max. and all it does is punish punish punish.
unless of course you just dont pay any tax at all.

then your fine aint ya.

[kilasuit]

Re: Yay more Fun

I'm not sure that's the reason social housing exists. It's supposed to be a safety net for people on low or no income with multiple problems who would be homeless without state intervention. It's not somewhere to park yourself cheaply while you save up to buy a place of your own having taken advantage of rent subsidised by tax payers like me

Oh dear, I hope I'm not being too outspoken here

What would the definition of low income be??

Seeing as all the local estate agents request that you have an available income (not including Tax Credits or HB or CB) to be at least 2.5 x rent then i'd need to be earning 1250 a month (after tax) to be able to get housed in a private rental here.

which means i'd roughly need an income of around 19k to be able to rent here. Or inc missus apprenticeship of just under 5k id need to earn 15k.

Unfortunately theres nothing like that here. So would you not deem that as being deemed homeless without State intervention?

[PlanB]

Re: Yay more Fun

At least in a Social rental we could have the chance to start saving for a deposit.

I'm not sure that's the reason social housing exists. It's supposed to be a safety net for people on low or no income with multiple problems who would be homeless without state intervention. It's not somewhere to park yourself cheaply while you save up to buy a place of your own having taken advantage of low rent subsidised by taxpayers like me

Oh dear, I hope I'm not being too outspoken here

[kilasuit]

Re: Yay more Fun

Its as simple as renting is dead money.

i'd rather pay a mortgage and own my property than be paying rent all my life.

My original plans have been somewhat delayed by almost 3 years and as such any more lost time equals yet more headaches.

the difference between being in Private and social housing is the difference in rents payable is ridiculous like difference of at least £40 a week

Heck if Private landlords lowered their rent (in this area at least) then even with the maximum in HB we would still be lookin at a shortfall of at least £7 a week and thats based on £107.31 a week in HB and the rent being £500pcm.
NO matter what we will never in Private rentals be able to save enough to get a sizeable deposit unless i can get a well paid job which without many qualifications is very unlikely.

At least in a Social rental we could have the chance to start saving for a deposit.