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sorry i am once again in need of your help and advice.... two weeks ago myself and my partner went to sign on for our jsa and was told we needed to close our claim down and apply for esa... we have had a text to say they have received our claim and are looking into this, we moved into our current home in may this year and applied for jsa and housing benefit straight away this took a while to sort and it put us in arrears with the landlord. Once it was sorted we started to pay our rent every fortnight with a small amount towards the arrears too (our rent is 120 per week and we have to pay £110 per fortnight). Our claim still hasn't been assessed and we have received no benefit and i am not sure when we will, i think i have to apply for a short term benefit advance?? I have today received a text from my landlord and i think he is coming to tell us that he his eviciting us.... i have a short term assured lease as far as i am aware and i paid a £700 deposit when we moved in. I have cleaned and decorated the house to the best my finances allow as well as keeping the garden tidy, when we moved in in May the central heating and toilet was broken, it took a while for them to fix the toilet (over two months) and the heating is still not working but we do have an electric fire in the lounge. I am not sure if i have any rights and what i am supposed to do about paying the rent while waiting for esa to reply. Many thanks for reading
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landlord eviction
sorry i am in trouble again and have posted this already but i don't know if i posted on the right page. Anyway two weeks ago my partner and i went to sign on for jsa and to have a meeting with our works advisor, we were told that we needed to sign off from jsa and claim esa which we have done. We don't know when we will be paid next and have not been able to pay our rent this week. Our landlord has sent us a text telling us he is coming to see us later today for a chat - i think he is coming to evict us and already hinted that he only has to give us two weeks notice. We moved into the property in May this year and i believe we have a twelve month short term assured tenancy, we paid a £700 pound deposit/bond. Because we were on benefits, the landlord was aware of this, we had to wait awhile before payments began which automatically put us into arrears of around £1500. As soon as benefits were sorted we began to pay our rent (our rent is 120 per week and we have to pay 110 per fortnight which includes something towards the arrears) however because we are now waiting to hear from the esa i do not think my landlord is prepared to wait again and i think he will evict us. Any advice welcome please..... also when we moved into the property the central heating and the toilet didn't work, although the toilet was fixed after a couple of months the central heating still doesn't although we do have an electric fan fire in the lounge. I really can't face the stress of moving again with both myself and my partner being ill but fear that we will be homeless.....xoxo -
Re: vixxi - Bailiffs at the door
not good have sorted the baliff out but now have problem with benefit agency and landlord.... i have posted a new thread but i am never sure if i have put it in the right place or if it has been seen. My problem now is that we have been made to come off jsa and apply for esa this means we have no income and we can't pay our share off the rent (housing benefit pay the rest).... because we are in arrears already due to waiting for jsa and housing benefit originally, i have got a text from my landlord to tell me he is coming to see me today, i think he his going to evict us and has hinted previously that he can have us out in two weeks. I think i have a 12 month short term assurred tenancy - my rent is 120 per month and i pay 110 per fortnight toward it..... when we moved in there was repairs needed doing and these are still outstanding ..... i don't know where i stand, what i am supposed to do while waiting esa results (have been told it can take upto four months), don't know where to go for advice (i live in rotherham) and am at my wits ends.... just when i feel i am getting somewhere i feel like i am sinking again.... i hate being in this situation it is soul destroying xoxoComment
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Re: vixxi - Bailiffs at the door
update to this post ..... have had the visit from the landlord and they are basically saying that i have a week to sort out the payments or they will have no alternative than to issue eviction notice as they are not able to pay their mortgage on the property and are receiving bank charges which they are telling me they are entitled to add onto our rent arrears .... they are returning on monday to review the situation and are sending an engineer this afternoon to fix the repairs..... however have been given a walk in benefit advice centre address near my home which i am going to attend tomorrow xoxoComment
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Re: vixxi - Bailiffs at the door
I'll post on your new thread tomorrowOriginally posted by Vixxi View Post
I've had internet problems so I've not been online for a couple of days 
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Re: vixxi - Bailiffs at the door
^^^^ Post this update on your new thread and I'll tackle it thereOriginally posted by Vixxi View Post
No your Landlord can't add his personal bank charges onto your rent arrears, but he may be able to charge you interest on your arrears if there's a clause in the contract (AST) which provides for this. I'm afraid there usually is, and it normally kicks in after 14 days late payment.Comment
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Re: Rent Arrears
Let's get all these posts into one thread so we can start to get you sorted
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Re: landlord eviction
Let me see if I can get these two threads merged so I can help you get to the bottom of this problem. You are a long way off being evicted. The whole process takes three to five months. Your Landlord has to go to court to get a possession order first and by the time you get to the hearing you'll probably have got your benefits sorted so the judge won't grant possession
Other thread here: http://www.legalbeagles.info/forums/...307#post383307Comment
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Re: vixxi - Bailiffs at the door
What rate of interest may this Rachmann wannabe lawfully charge?Originally posted by PlanB View PostComment
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Re: vixxi - Bailiffs at the door
It's normally X% over RPI so it's a floating rate :nerd:Originally posted by CleverClogs View PostComment
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Re: vixxi - Bailiffs at the door
If the landlord has been requested to carry out repairs and not carried them out as legally required to do so, then withholding rent payments until such repairs are effected, would be justified, IMHO, and any bank charges, expense or loss they incur as a result of rent being withheld under such circumstances would be their responsibility. They cannot and should not expect to be rewarded or reimbursed for something that has arisen out of their failure to comply with a legal duty. The landlord would, however, IMHO, be entitled to interest on unpaid rent arrears where the arrears arose as the result of failure on the part of the tenant to pay rent as required and not in exercise of a legal right of withhold for non-compliance with a legal obligation on the part of the landlord.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: landlord eviction
Hi all sorry not had internet but am back on thank you all so much for help annd advice ... thanks to this site and a site called fightback i have managed to sort out our esa claim and housing benefit and have received payments, have spoken to the landlord and sorted out a payment date and payment plan for the arrears with no interst charges and have got sheffield city council to take the debt back from rossendales and i only have to pay £3.60 per week from our benefit which we are more than happy to do..... I wouldn't and could'nt have done all this without your help and advice knowing my rights was so important and gave me the courage to stand up to the balliffs xoxo am one happy person right now thank you xoxoComment
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Re: landlord eviction
Result Pleased you got council sorted and bailiffs off your back.
For others to note in future talk to the landlord it sometimes like here worksComment
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Re: landlord eviction
This is all good news. Make sure you get that rent arrears' payment plan which you agreed with your Landlord put in writing. If your Landlord doesn't volunteer this then you can write to him and say something like "further to our agreement I will be paying £x per week/month towards the rent arrears". This will help to cover your backside in case things get sticky in the future, which I'm sure they won't.Originally posted by Vixxi View Post
It's lovely to hear you sounding so self-confident. We may have pointed you in the right direction but you went ahead and sorted it yourself. Well done you
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