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Can't afford to stay in private rental, very worried.

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  • Can't afford to stay in private rental, very worried.

    Hi Everyone,


    I have been privately renting a property for the last 4.5 years.

    I am a single Mum of a 5 year old son with Special needs. The council have been paying the majority of my rent, but for the first few years of my tenancy there was a shortfall of £50 per month that I rarely afforded to pay, plus on occasions (Bring brutally honest) I didn't paid the rent at all with the housing benefit, because I spent it on other things for my son, this was before I was receiving DLA for him, so the arrears did get a bit out of hand.

    In September 2016 my Mum spoke to my landlord and an agreement was made to pay the rent, plus an additional £100 per month from the arrears.

    I haven't always managed to pay that £100 per month. And so my arrears are not getting any better.

    My landlord has just put the rent up by another £50 per month, starting in April, which is going to make matters even worse. I am currently paying the rent, but I am not paying off the arrears currently, and I won't be able to afford the £50 increase. So the arrears are going to get worse.

    I don't know if it's relevant or not, but he is not a particularly good landlord either, he hasn't ever had my boiler serviced. The cold tap in my bath isn't little more than a dribble, and has been that way for 2 years, he knows about it, but he won't fix it. My front door leaks the rain in, and doesn't fit properly in the frame. I don't feel it's safe, again he knows about this but he won't get it fixed.

    I have spoken to the council about a possible council properly, this would be a lot cheaper and housing benefit would cover the entire cost of my rent. The council are going to ask my landlord for a reference and I am so worried that he is going to mention my arrears to the council and this will really damage my chances of getting a council house for myself and my son.

    I'm feeling pretty vulnerable at the moment and I don't really know what to do. Any advice would be great. Thank you.
    Tags: None

  • #2
    Re: Can't afford to stay in private rental, very worried.

    Hi and welcome, so sorry for your situation.
    Thankfully you have not stopped paying the rent you can afford as many tend to do when they think it's the only way to get repairs done, then they end up evicted.
    Are you able to talk to your landlord about the arrears etc? can you discuss with him about the reference? Has he ever threatened you with eviction etc over the arrears?
    Just trying to fill in a bigger picture for others when they try to help.

    Comment


    • #3
      Re: Can't afford to stay in private rental, very worried.

      Hiya,

      He has never threatened me with eviction over the arrears, but he has threatened me with eviction when I asked him to fix the tap, he has also become very confrontational with me when my Son drew on the driveway with chalk.

      I feel a bit intimidated to ask him about the reference, he's reduced me to tears before. I do want to move, but I'm worried that the council will refuse because of my arrears situation, and the possibility of the bad reference.

      I'm wondering if it's worth getting in contact with Shelter for advice?

      Thank you :-)

      Comment


      • #4
        Re: Can't afford to stay in private rental, very worried.

        Shelter is ALWAYS a good idea when you have tenancy issues ... I'll tag [MENTION=87380]Diana M[/MENTION] and [MENTION=15129]Crazy council[/MENTION] to advise too xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Can't afford to stay in private rental, very worried.

          Originally posted by OliviaBowie View Post
          He has never threatened me with eviction over the arrears, but he has threatened me with eviction when I asked him to fix the tap, he has also become very confrontational with me when my Son drew on the driveway with chalk.

          I feel a bit intimidated to ask him about the reference, he's reduced me to tears before. I do want to move, but I'm worried that the council will refuse because of my arrears situation, and the possibility of the bad reference.
          If he's threatened you with eviction when you asked for repairs to be carried out then he may have difficulty getting you out because there is a law against "Retaliatory Evictions" (sometimes known as Revenge Eviction).

          However it only applies to tenancies which began after 1st October 2015 and yours may have begun before that date unless you renewed it each year etc. The law will still apply even if you moved in before 1st October 2015 but it doesn't take effect until next year so may be applicable if you get to stay in the property while you're on the Council's waiting list.

          Read this on Shelter's website > http://england.shelter.org.uk/housin...sk_for_repairs

          It does sound as if your relationship with your Landlord has broken down. If that's the case then he may be happy to give you a glowing reference so you'll move out and he can charge the next Tenant a higher rent. I would definitely try to talk to him perhaps with your mother present which may help.

          Di

          Comment


          • #6
            Re: Can't afford to stay in private rental, very worried.

            Originally posted by OliviaBowie View Post
            My landlord has just put the rent up by another £50 per month, starting in April, which is going to make matters even worse. I am currently paying the rent, but I am not paying off the arrears currently.
            Is there anything in the tenancy agreement which allows him to increase the rent? And does it say by how much? It would usually be a defined/capped amount such as 3% over RPI or £x per month on an annual basis etc.

            If the rent has not been increased in 4.5 years he's either a generous Landlord who's frozen your rent, or the AST doesn't allow for a rent increase. Check what it says.

            How much are the rent arrears in total?

            Have you paid a deposit and does that exceed the amount of the rent arrears because a Landlord my be able to use the deposit to offset arrears which means you would in effect not have "arrears" when it comes to a reference to the Council.

            Di

            Comment


            • #7
              Re: Can't afford to stay in private rental, very worried.

              Originally posted by OliviaBowie View Post
              not a particularly good landlord either, he hasn't ever had my boiler serviced.
              Is it a gas boiler?

              He may not have any legal obligation (only a responsibility) to service it but he has a legal obligation to carry out an annual safety check (Gas Safety (Installation and Use) Regulations 1998)

              https://www.britishgas.co.uk/product...explained.html

              Di

              Comment

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