Landlord taking steps to evict me - Advice

EmmaActual · 14-10-2009, 17:09

Hi there Everyone

Here's the background:-

I took out a private tenancy in February 2009 for 12 months.

I paid my rent regularly and ontime up until August 2009 but I got sick and the housing benefit took ages to sort out, because my current employer didn't pay me SSP until very recently.

Subsquently I am now 2.5 months behind with rent. The housing benefit maybe backdated from 6th August but it has gone to an "assessor". Also my current housing benefit doesn't cover my full rent which is £775.00 per month but the housing benefit comes to:- £668.00 but that is something to worry about a later date I guess.

I received a letter from her on the 12th Octdemanding £1,937.50 by the 16th Oct.

Has anyone been evicted? (The council has told me that in order for them to house me I need to be evicted).

Any help/advice will be gratefully received.

I assuming it will take a couple of months to go to court?

Can they take my car away? Coz obviously I don't have the money.

Cheers

mirandashell · 14-10-2009, 17:16

Have you explained to your landlord why you are behind with the rent? Do you get on with her?

Housing Benefit never pays the full amount. Don't know why.

EmmaActual · 14-10-2009, 17:18

No I dont get on with her, I did say I was ill, but didn't tell what was wrong with me, she rented the property without planning permission, and the council found about it when I made a claim for housing benefit, also she charged me council tax without the property being listed for council tax (as the council didn't know it existed).

So she hates me!!!

RazorTongue · 14-10-2009, 17:19

Yes, your LL can, but the process is long and drawn out. I'm not up-to-date with all the rules and regs so won't try you help myself in case I give wrong info, but I suggest you get on moneysavingexpert forums and post your questions on the 'house buying & renting' board - you'll get an accurate answer from one of the many LLs on there.

mirandashell · 14-10-2009, 17:21

Ah! Hmmm.... tricky one. I guess what she did has come back to bite her in the bum but that's not much help to you.

From my experience people usually disappear in this situation. I'm not condoning that behaviour but that's what people do.

EmmaActual · 14-10-2009, 17:21

So they can take my car then?

EmmaActual · 14-10-2009, 17:22

So can they take my car?

mirandashell · 14-10-2009, 17:23

If bailiffs get involved, yes they can.

EmmaActual · 14-10-2009, 17:24

Right, I will sign it over to my Dad!! First thing!! Cheers

paddysu · 14-10-2009, 17:29

Quote:

Originally Posted by mirandashell

Have you explained to your landlord why you are behind with the rent? Do you get on with her?

Housing Benefit never pays the full amount. Don't know why.

Housing benefit works on the average of what a 1 bed flat or what ever it is that they consider that you need costs in your area and then thats the amount that they'll pay you.

Basically they are saying if you choose to live somewhere better then you can pay the extra, on some occassions as well if you choose to live some where costing less they still pay you that average but I'm not sure if thats HB or the other housing allowence.

mirandashell · 14-10-2009, 17:30

Hmm.... my place is dead on average for my area. In fact in the present economy it's probably cheaper.

EmmaActual · 14-10-2009, 17:32

I forgot to mention they do have six weeks deposit which obviously I will lose, but how do I stand if they take furniture? I am hoping I will get housed by council btw????

mirandashell · 14-10-2009, 17:36

If you mean the bailiffs, then they can only take what actually belongs to you. If you rented the flat fully furnished, then they can't touch that. I imagine the landlord will give them an inventory.

Little tip for the bailiffs. Don't let them in. Don't even open the door. Cos if you let them in once, they can come in whenever they like. Think of them as vampires. BTW, if they see your car on the road, they will tow it.

EmmaActual · 14-10-2009, 17:39

Yeah but it wont be my car! so they will be stealing it

but I am hoping I will get housed by the council, coz I am Bi-Polar and have cancer, so they are aware of the situation. But they told me to stay until I get evicted... obviously it is a huge worry, would love to hear from someone who has been evicted and then housed by a Council.

I know about not letting the baliffs in Miranda thanks, if they tow the car, I will ring the police and report that a car is being stolen!!!

Hypnodisc · 14-10-2009, 17:43

Quote:

Originally Posted by mirandashell

Have you explained to your landlord why you are behind with the rent? Do you get on with her?

Housing Benefit never pays the full amount. Don't know why.

Housing benefit only pays what you need.. they aren't going to fund people for houses over the size of what the needs are.

I'm entitled to a maximum of £81 a week housing benefit - as the maximum size of property I need is a one bedroom flat, bed-sit or bungalow.

Why would HB pay for me to even have a 2 bedroom house when I don't need it?

mirandashell · 14-10-2009, 17:43

Then definitely get the car out of your name as soon as possible. Good thinking.

I'm afraid I've never been evicted so don't really know. It must be very worrying for you though. <hug>

EmmaActual · 14-10-2009, 17:45

I dont have a two bed house its half a bedroom as its galleried, but I live in v. expensive area!!

mirandashell · 14-10-2009, 17:46

Quote:

Originally Posted by Hypnodisc

Housing benefit only pays what you need.. they aren't going to fund people for houses over the size of what the needs are.

I'm entitled to a maximum of £81 a week housing benefit - as the maximum size of property I need is a one bedroom flat, bed-sit or bungalow.

Why would HB pay for me to even have a 2 bedroom house when I don't need it?

Why are you assuming I have a 2 bedroom house? I don't. And I certainly didn't want to start an argument about it. I just mentioned they don't pay the full amount.

Maybe you should calm your tone a little and maybe help out the OP as this thread is about her getting evicted, not the technicalities of HB.

Hypnodisc · 14-10-2009, 17:48

Quote:

Originally Posted by mirandashell

Why are you assuming I have a 2 bedroom house? I don't. And I certainly didn't want to start an argument about it. I just mentioned they don't pay the full amount.

Maybe you should calm your tone a little and maybe help out the OP as this thread is about her getting evicted, not the technicalities of HB.

The 2 bed house thing was only an example

The same theory applies whether you have 1 bedroom or 40 bedrooms.

I was only pointing out that housing benefit will always pay what is needed - they just wont pay what is not needed.

This is a discussion forum, and it was aimed at you, not the O.P - so chill your attitude out. If you don't want to be quoted or have someone reply to you; why don't you just not bother to post..?

mirandashell · 14-10-2009, 17:49

Whatever.

Hypnodisc · 14-10-2009, 17:50

Quote:

Originally Posted by mirandashell

Whatever.

How mature..

EmmaActual · 14-10-2009, 17:51

To be honest Miranda was right Hypno, I really dont care about the intricisies of HB as I posted to you before with your issue, I am going to be evicted and that is what I am most worried about.

Thanx

mirandashell · 14-10-2009, 17:52

Emma, have you tried that board someone else mentioned, the one about Housing and Renting? I would imagine there will be some good advice on there. And the CAB would be able to tell you what your rights are.

EmmaActual · 14-10-2009, 17:55

Thanks Miranda, I am going to the CAB tomorrow but thats for another issue (I have loads at the moment - you gotta laugh really) but I will obviously ask them about this... I don't like the other forum, so thought I would try here

Hypnodisc · 14-10-2009, 17:59

Quote:

Originally Posted by EmmaActual

To be honest Miranda was right Hypno, I really dont care about the intricisies of HB as I posted to you before with your issue, I am going to be evicted and that is what I am most worried about.

Thanx

Of course. I wasn't having a go at you btw

If you are evicted, is there anyone you can stay with very short term?

Just thinking very practically here - if you are evicted (which kinda looks inevitable unless you can drum up quick cash), you will be prioritized to band A on the council housing list for your area - meaning you're likely to get sorted pretty quickly.

It may not be what you want to hear.. but I fear that may be what will happen :/

14-10-2009, 17:09	#1
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	Landlord taking steps to evict me Hi there Everyone Here's the background:- I took out a private tenancy in February 2009 for 12 months. I paid my rent regularly and ontime up until August 2009 but I got sick and the housing benefit took ages to sort out, because my current employer didn't pay me SSP until very recently. Subsquently I am now 2.5 months behind with rent. The housing benefit maybe backdated from 6th August but it has gone to an "assessor". Also my current housing benefit doesn't cover my full rent which is £775.00 per month but the housing benefit comes to:- £668.00 but that is something to worry about a later date I guess. I received a letter from her on the 12th Octdemanding £1,937.50 by the 16th Oct. Has anyone been evicted? (The council has told me that in order for them to house me I need to be evicted). Any help/advice will be gratefully received. I assuming it will take a couple of months to go to court? Can they take my car away? Coz obviously I don't have the money. Cheers

14-10-2009, 17:16	#2
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	Have you explained to your landlord why you are behind with the rent? Do you get on with her? Housing Benefit never pays the full amount. Don't know why.

14-10-2009, 17:18	#3
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	No I dont get on with her, I did say I was ill, but didn't tell what was wrong with me, she rented the property without planning permission, and the council found about it when I made a claim for housing benefit, also she charged me council tax without the property being listed for council tax (as the council didn't know it existed). So she hates me!!!

14-10-2009, 17:19	#4
RazorTongue Forum Member Join Date: Aug 2008 Posts: 497	Yes, your LL can, but the process is long and drawn out. I'm not up-to-date with all the rules and regs so won't try you help myself in case I give wrong info, but I suggest you get on moneysavingexpert forums and post your questions on the 'house buying & renting' board - you'll get an accurate answer from one of the many LLs on there.

14-10-2009, 17:21	#5
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	Ah! Hmmm.... tricky one. I guess what she did has come back to bite her in the bum but that's not much help to you. From my experience people usually disappear in this situation. I'm not condoning that behaviour but that's what people do.

14-10-2009, 17:22	#7
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	So can they take my car?

14-10-2009, 17:23	#8
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	If bailiffs get involved, yes they can.

14-10-2009, 17:24	#9
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	Right, I will sign it over to my Dad!! First thing!! Cheers

14-10-2009, 17:30	#11
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	Hmm.... my place is dead on average for my area. In fact in the present economy it's probably cheaper.

14-10-2009, 17:32	#12
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	I forgot to mention they do have six weeks deposit which obviously I will lose, but how do I stand if they take furniture? I am hoping I will get housed by council btw????

14-10-2009, 17:36	#13
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	If you mean the bailiffs, then they can only take what actually belongs to you. If you rented the flat fully furnished, then they can't touch that. I imagine the landlord will give them an inventory. Little tip for the bailiffs. Don't let them in. Don't even open the door. Cos if you let them in once, they can come in whenever they like. Think of them as vampires. BTW, if they see your car on the road, they will tow it.

14-10-2009, 17:39	#14
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	Yeah but it wont be my car! so they will be stealing it but I am hoping I will get housed by the council, coz I am Bi-Polar and have cancer, so they are aware of the situation. But they told me to stay until I get evicted... obviously it is a huge worry, would love to hear from someone who has been evicted and then housed by a Council. I know about not letting the baliffs in Miranda thanks, if they tow the car, I will ring the police and report that a car is being stolen!!!

14-10-2009, 17:43	#16
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	Then definitely get the car out of your name as soon as possible. Good thinking. I'm afraid I've never been evicted so don't really know. It must be very worrying for you though. <hug>

14-10-2009, 17:45	#17
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	I dont have a two bed house its half a bedroom as its galleried, but I live in v. expensive area!!

14-10-2009, 17:49	#20
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	Whatever.

14-10-2009, 17:51	#22
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	To be honest Miranda was right Hypno, I really dont care about the intricisies of HB as I posted to you before with your issue, I am going to be evicted and that is what I am most worried about. Thanx

14-10-2009, 17:52	#23
mirandashell Forum Member Join Date: Jun 2009 Location: Over there somewhere Posts: 1,691	Emma, have you tried that board someone else mentioned, the one about Housing and Renting? I would imagine there will be some good advice on there. And the CAB would be able to tell you what your rights are.

14-10-2009, 17:55	#24
EmmaActual Inactive Member Join Date: Sep 2009 Location: The Galactica Services: 02, BT, Freeview Posts: 334	Thanks Miranda, I am going to the CAB tomorrow but thats for another issue (I have loads at the moment - you gotta laugh really) but I will obviously ask them about this... I don't like the other forum, so thought I would try here