Got myself into a right mess with rent

[Holly03]

So as the title explains I’ve gotten myself into a right mess. I had a very difficult few months at the end of last year and now owe just under two months rent. I had fraud on my account for one of the months and lost over a thousand pound, which in effect left me struggling in December. Now my landlord has been ringing me everyday since it was two days late, he rings at least 15 times in ten minutes and it’s a struggle to actually be able to sort my finances out as I’m always on the phone to him or he is on the doorstep. A bit of a backstory I’ve never heard from my landlord until now as he has refused to do repairs and deal with the damp and mould in the house, the roof/ damp leaking into the lights and tripping the electrics. Whilst I understand he wants his money right now, I’m struggling to sort anything with his constant contact. Even trying to contact my local council to see if any help is available then leaves me having to hang up the phone because if I don’t answer immediately he will turn up at the house. This is through an agency but the agency deny having anything to do with the property as they say it’s let only but agents from other departments (friends with the landlord) have come to the property even when the rent was only a day late. Any advice on how to deal with this as I’m trying to get the money together asap but struggling with the constant contact all of the time from my landlord who says he will ring and call at the house until he is paid, yet ignores the phone throughout my tenancy about any repairs (I was left most of the night without electric due to the damp problem that caused the switches to trip and the red button wouldn’t push back up- no electrician has been called this was in October the electrician only attended a week ago after speaking to the council). I just feel like I’m struggling so much right now to try and get on top of it all, I try to deal with the rent and then have my landlord, guarantor and the agency ring all in the space of 20 minutes and it’s all day

You need to separate the rent and maintenance issues, it is two separate things unfortunately.

Have you spoken to any debt advice companies like Shelter or Citizens advice? Try and make an appointment asap, I know it isn't always easy tho.

Then do an income and expenditure form, you might be able to find one online. Complete that,see how much you can afford to pay towards the arrears and be realistic about how much that will be. Then send a copy by email to your landlord. Ask him to consider the proposal, don't be bullied into more than you can afford. Ask all contact be by email or in writing as you are finding phonecalls and visits harassing. Send a copy to letting agent and guarantor as well.

Then look at the repairs as a separate issue. So photographs and an email asking for immediate attention.

www.stepchange.org/?gclid=CjwKCAiA-8SdBhBGEiwAWdgtcCQ-JWYhZF3p2K3ghE2bjTlqI1c0eBwQ_c7NCyJK78kzosppa6hFzRoC1FUQAvD_BwE&gclsrc=aw.ds

Do your council have an emergency contact line?

If the accommodation is mouldy and damp then can they come and assess and get involved?

Put something in writing to the landlord.

Put a payment plan in there.

If you had fraud have you had the money back yet?

Dear landlord,

Firstly apologies for the arrears on my rent account. As you are aware I had fraudulent activity in my account and whilst this is no excuse it was the cause of the arrears.

I have not yet received the payments back from the bank and propose to pay X amount each week towards the arrears until they are cleared and when the fraud is sorted pay it off in a lump sum.

I also need to report some repairs that need to be completed.

1. There is damp and mould. This is not a beatable and you have a duty to sort this out. Please reply in writing with a date for assessment of this situation.

1. The electrics have not been repaired effectively since a leak tripped them. Again please give a date for assessment and repair.

List any further things that require fixing.

Regards xxxx

Are they seriously calling you continuously all day everyday? If they are that actually constitutes harassment. You can report to 101.

As much as you have a responsibility to pay your rent they actually don't have a right to harass you for non payment.

Look at Stepchange.

The link above wasn’t accepted by Mumsnet.

www.stepchange.org

Step Change website.

As you've complained to the council, he is now probably full of glee that you're late with your rent.
What I would do, is email him, copying in the agent, saying that you are aware of a delay with rental payment due to a fraud on your account which your bank is dealing with. You would ask for time in good faith of this being an isolated incident of non-payment. Also, make him aware you are entitled to quiet enjoyment of your home. He is not legally allowed to attend the property without asking for 24 hours notice, unless it is to sort an emergency maintenance issue which would compromise his property and/or your safety (ie, a gas leak).

I would then say that you are aware that there are a number of outstanding issues within the property that have left you with unsafe electrics and you will be contacting the Environmental Health team at your local council if these are not completed.

Then, do what ever it takes to clear the debt. He can have you out in 21 days for non-payment of rent. They cannot do no-fault anymore. And it also has the issue that your council will not help of you have had an outstanding rent amount as they class this as intentional homelessness.

Have you asked the bank to organise a chargeback for the fraud? Banks will say they have fraud protection but unless you quote your rights they will deny they should step in. Make sure you get money back from the fraud and let the police and action fraud know, then you will have a time number. That's important as you can send this as proof to the landlord (he probably heard "fraud on account" as an excuse regularly) and to the bank.

It can be very stressful when something like this happens but it pays to know your rights. Check your tenancy, see if there is anything about timescales for repairs. If so, quote it.

Try seeing CAB for advice. You could speak to Environmental Health about the mould and damp and lack of repairs. However having rent arrears for whatever reason puts you in a vulnerable position so addressing that should be your priority. If the fraud was resolved did that money go towards it?

Thank you all for the advice! Yes this is what I was wanting to do set up a plan but my landlord just wants the money in 24 hours and contacts non stop. I’m thinking of putting the letter in to the manager of the letting agency as my landlord works for them and screenshotting all of the contact in which he states if I don’t answer the phone he doesn’t want to waste petrol coming straight over. I’m also going to call 101 as I think after the bank holidays he will be on the phone again. I’m offering 100 a week, is this reasonable? I’m unsure as to what to offer as my income is limited. So basically I get 900 universal credit, 460 dla which is my sons and carers for his needs (we never have anything left) and 106.00 a week in child benefit and carers allowance. I already pay 130.00 extra out of my universal credit towards the rent due to the short fall of rent payment. My rent is high due to the current housing crisis. I’m trying to get on the council list but unfortunately I am unable to due to everyone in the area being given section 21’s so i have a low chance and I’m in contract until the 8th of March.

If the agency was only employed to tenant find and check references etc they will not get involved. Could your housing allowance be paid direct to ll?

Yes that’s what I’m asking to avoid this in the future but also someone from the agency has come out to the property who was from the lettings department and tenancy management were like well he shouldn’t have because he is lettings and I’m now in contact with the lettings agency who are contacting all of the time now so considering they were not involved they are now heavily involved.

Please speak to Shelter also.

If you have a disabled child you should be a priority for councul
housing - have you fully explored that.

did he protect your deposit and give you the information about it?

report maintenance problems very clearly to the council

then - as a separate issue - write re the arrears.

even if he issues a section 21 it takes a few months to evict someone

call shelter or/and citizens advice

hibestly the proposed legal changes for tenants can’t come soon enough. I’m a lablndoord and some of the proposed changes aren’t great - but most of them are and it will stop this kind of crap happening

There are 24 hours in a day. The landlord isn't going to be contacting you 24 hours a day. You can't blame them for wanting their money and you can't use the excuse that he's contacting you regularly so you can't sort out your finances. Times are really tough but housing is too important to mess the landlord around. Could you do a bit of extra work maybe? Sell things in the short term? I'm sorry it's been hard.

Rent and maintenance are separate things. The landlord boy carrying out maintenance does not negate your responsibility to pay your rent in full, on time, every month.

You signed a contract. Two months late is significant. It's not ok, at all.

With that in mind, the landlord shouldn't be harassing you.

Do you have a plan to pay him/her in full asap? If so, give them this guarantee and ask that they leave you to get on with things until the date you've said you will pay by,

So you haven't paid since October? Sorry you're struggling OP but have you explained in writing the situation to the LL?

Do you have a plan to pay the owed money? Have you had the money back from the bank?

I would prioritise paying rent in the current climate. Are you planning to move when the contract expires?

I dont know enough about rent but if you've not paid for 2 months is the landlord going to be trying to get you out?

I'd definitely ring shelter for advice.

You say he works for the agency. Presumably it’s a friend doing him a favour by pursuing you too. If he self manages, they shouldn’t be involved.

You said you had some fraud in one month, but you have missed two months which I assume was paid into your bank account. Are you saying you have spent a months rent benefit on something else?
Rent/mortgage should always be the priority.
If the fraud was two months ago why hasn’t your bank provided you with an overdraft/letter ?
Sorry sounds like you have not paid and stuck your head in the sand.
As a single working parent my absolute priority is to house my dc.Food can always be found from the foodbank if necessary.
Your landlord is a business man who simply wants paid for the “goods “ you have used.

There is so much wrong with this post. I'll just start with no landlord can get you out in 21 days. They need to apply to court, which currently means a long delay.

S21 is still in existence.

It is NOT making yourself intentionally homeless if the rent is unaffordable, which is subjective, i.e. depends upon your individual circumstances.

Op needs to keep in contact with EH which will help in getting the repairs done.

Your landlord is harassing you. A complaint to the police is entirely reasonable but may not be sensible depending upon whether you are still within the fixed term of the tenancy.

If you are within the fixed term notice under s21 cannot be given until the last 2 months of the fixed term.

Contact your homelessness team at your local authority who have a homelessness prevention fund. They may be able to help.

The letter template someone posted further up is a good plan along with sending the same to your letting agent.

Within the letter you should also give him a clear timeframe of when you will start extra payments and how long you will do this for. You should also emphasize that you do have the right to quiet enjoyment of your property so whilst you appreciate the position he is in, his harassment is not the answer as you are trying to resolve the situation.

Have you gone to your council for a discretionary housing payment? Have you tried asking UC for an advance? Is the fraud issue being resolved to return your money? Are you getting all of the UC you are entitled to? Is there anyone you can lend some money from to try and get the balance down quicker? Over two months of rent arrears leaves you vulnerable to a section 8 eviction. He can still issue a section 21 with arrears (if you are in England, not sure about Wales/Scotland) but your local council wouldn't have the responsibility to help house you with your arrears in situ.

My advice would be to stop avoiding him, answer the phone and have the discussion with him. Then follow up in writing.

Keep in contact rather than avoid.

Excellent advice from Princess. I hope you follow it OP.

Can you prove the fraud? Usually banks will cover money lost. Or do you mean you gave money to someone and they didn't pay it back, as that's different. Why did you not pay rent the rest of the time?

Very much in contact with him but unfortunately it’s not that easy to pick up the phone straight away when he calls and by the time it takes me, if I’m doing the school run and I don’t hear the phone it’s literally 15 missed calls in 10 minutes and as I’m ringing he is on his way to the house. I’m trying to keep in contact daily as he asks and updating, I’ve even gone to the bank to produce the proof for fraud but now he wants bank statements for the past year which I think is very intrusive. He’s also questioning any expenses I buy and had a handy man check the house. I’m going to try and keep it in writing but he is also mentioning personal things about my family and how he knew members of them and apparently did them favours. I can’t comment on this as I didn’t know about those favours that he did for them.

i proved the fraud but the following month all of my bills came at once due to the loss of not paying them in November and I ended up overdrawn in December and couldn’t pay the rent. I’ve requested that payment this month be paid direct to ll agency to avoid happening again and I’m trying to get the fraudulent money back but have only managed to make a 200.00 payment for this month off the arrears due to lack of funds. I was unsure about an advance payment but I am looking at this and also looking at discretionary from the council. I’ve filled the forms in but not sure how long it will take, advised the agency of this. I’ve looked online at crisis loans but I don’t think this covers me and not sure if they are around anymore