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

Your landlord is harassing you and you may want to consider contacting the police. Or telling him that if he doesn't stop you will be notifying them. Tell him you need until your next pay day to get things in order and will keep him informed of how you will set things right.

Next you need to get a budget together and figure out a way to keep him off your back. If you check on the Debt forum on MoneySavingExpert you'll find a template for a statement of accounts. This will let you fill in all your income and expenses and see where there might be savings to be made (or not). if you post this on MSE there's lots of lovely people who will try to help you make things balance.

Alternatively you could try your local food bank - lots of them now have budget advisers who will do exactly as above and also check to see you're getting all the benefit help available. Some CABs do the same but may just do the benefit check side - it depends on how they are set up.

There is a new thing about forcing creditors to stop harassment and FBs, CABs, MSE will be able to help with that as well.

Meanwhile prioritise your money - food, council tax, rent. After that utilities and water. Everything else can be put on hold - but let them know there's a problem. Get the bank fraud sorted and get payment plans in place.

Best of luck. Don't worry that it's the end of the world as it isn't - it's just a blip and you'll get through it.

sorry - just saw some of your other replies....I still think that going on to MSE and starting a SOA will be helpful. It will mean you've got everything together when you see the benefits adviser who will hopefully be also able to help with budgeting/debt advice or point you to someone who can.

Perfect reason not to pay the rent. Once section 11 is in action he has 28 days to do something get a damp survey done or repairs.

Do not just stop paying rent. You need advice from CAB, Shelter, council as to how to word letters requesting repairs but need to pay in the meantime.

You are wrong. The definitive judgement regarding homelessness and intentionality is Samuels v Birmingham City Council which if you care to read it is available on Bailii.

For ease of reference you may like to read the recap at 17.46
'Housing authorities will need to consider whether the applicant can afford the housing costs without being deprived of basic essentials such as food, clothing, heating, transport and other essentials specific to their circumstances. Housing costs should not be regarded as affordable if the applicant would be left with a residual income that is insufficient to meet these essential needs. Housing authorities may be guided by Universal Credit standard allowances when assessing the income that an applicant will require to meet essential needs aside from housing costs, but should ensure that the wishes, needs and circumstances of the applicant and their household are taken into account. ..'

So the circumstances are relevant as is the needs of the household. Bearing in mind the huge increases in heating costs, and food costs in the preceding12 months, it is entirely relevant that many households will be struggling to meet their rent costs and will be falling into arrears at this time. Therefore they are unlikely to be found intentionally homeless providing the LA properly investigates the circumstances as is their legal duty under the Housing Act 1996.

To make a blanket statement that a household which takes on a level of rent which they later find they cannot meet is intentionally homeless is a total misrepresentation of the law as it currently stands and so utterly ridiculous I'm flabbergasted.

This statement worryingly is made by someone who purports to be knowledgeable in this area of practice. They're not.

And while we're on the subject Johnson's government did not make it easier to evict tenants. The Coronavirus Act 2020 between April 2020 and September 2021 had a blanket ban on possession proceedings for rent arrears which following its lifting led to many landlords selling up and leaving the rental market. Other than this, there has been the introduction of more onerous regulations for the PRS since 2007 which has meant tenants have more protection not less.

Op should speak to Environmental Health and try to ensure the landlord is presented with a Hazard Notice which will force him to do repairs and it sounds like they are long overdue. By having a Hazard Notice served, it will also protect the Op from eviction for at least 6 months.

On the matter of possession proceedings for rent arrears, disrepair is a defence and to use this effectively if necessary, it will ideally require a report from EH.

Op try and keep your rent arrears below two months as your landlord will not have grounds for a mandatory possession order. Although as stated earlier they will be able to use a s21 providing you are near or at the end of the fixed term (unless your landlord gets a Hazard notice from EH.

Seek advice from your LA homelessness team and/or Shelter or your local law centre.

STOP! breathe!!

There's so much going on, you cannot see the wood for the trees. Separate the landlord and Maintenance issues and deal with them as separate problems.

Hopefully shelter and cab will be in touch asap to help you sort out the agency and landlord.

As for your guarantor, unless their circumstances have significantly changed since they agreed to be your guarantor, they are equally responsible for paying the rent if you are unable to. It sucks, it can break families and friendship. But there's a reason some of us need them. I'd like to think you are close enough to them that they knew of the issues as soon as you realised you couldn't pay rent in month 1.

Speaking from experience, it sounds like the fraud was a small part of this problem though. Get your entitlement to benefits checked and look to see where cuts can be made. It might be tight for a while, but once you're through this, it will look and feel better.

Firstly he can't evict within 21 days for non payment of rent, he can still issue a section 21 giving 2 months notice but if you have nowhere to go within that time frame then he would have to pay to go to court to evict.
I would suggest contacting your local council to apply for a discretionary housing payment to cover your arrears. As you are in receipt of DLA for your child also apply for medical priority on the housing register. Ask CAB to assist with completing this form.
Contact environmental health & ask for an inspection of your property. This could very well work in your favour if found to be uninhabitable.
I would also suggest reporting the landlord for harassment due to the amount of telephone calls & threats to use info re your family against you. Whilst it is his property it is also your home & you have every right to enjoy living there in peace. He also needs to give 24 hours minimum notice except on the case of emergency repairs. Screenshot your call logs & any messages from him as evidence.
Hope this helps.

If you don't pay your LL will take your guarantor to court. How would guarantor react? Repairs/maintenance are separate issues. Once you reach 2 months late your LL can enforce legal action. If he has never chased you before, what did you expect him to do if you don't pay?

Firstly he can't evict within 21 days for non payment of rent, he can still issue a section 21 giving 2 months notice but if you have nowhere to go within that time frame then he would have to pay to go to court to evict.

I've spoken to a couple of cases, and heard of more where the Landlord has done an illegal eviction in the last year. Absolutely awful way to behave but some landlords are getting away with it.

Hello everyone
We've had a number of reports from people concerned about this thread so, as we usually do in these circs, we're putting our heads round the door with some important reminders.

Right now we can't see any evidence to indicate that the OP isn't above board – if we did, we'd remove the thread straight away. But the truth is that, sadly, we at MNHQ can't know with 100% certainty that any poster is genuine, no matter who they are or how long they have been here. As frustrating as it is, we're not able to vouch for anyone here.

So we always ask users to remember that not everyone on the internet is who they say they are – and remind folk not to give more to another poster, either financially (in cash or gifts) or emotionally (in time or care and support) than they'd be prepared to lose if things went wrong.
Though, we strongly advise against parting with any cash or giving away your personal details, and if you receive a PM which makes you uneasy - report it to us and we’ll take a look.

We've compiled some useful links posted by Mumsnetters into a financial issues webguide, so that people experiencing difficulties can find all the relevant information in one place.

Sorry to hijack your thread briefly there, OP – we really hope you get it all sorted soon.

The last reported illegal eviction cost the landlord £21,000 in damages to the tenant.

LL can get a section 8 order if you are more than 8 weeks in arrears of your agreed rent date. A section 8 will be granted by court if LL can prove you are 8 weeks in arrears. LL can also take guarantor to court for money. Not even sure if LL can force bankruptcy in guarantor as guarantor has agreed to pay if you don't.

Okay so I received this note off my landlord I thought it was his bank details. I’ve called the police because I’m worried but I’m confused by the note. I do have a foreign name but I am an English citizen

OP, that's disgraceful, and no matter how much is owed, is not acceptable.

Please press the police to take action, I do fear it will lead to him evicting you, but if he tries to do so without the proper channels then call the police again.

A lot of these slum lords thrive on fear, the notion he illegally evicts tenants.

Don't fall for the scare tactics. At this point I think you need to make the local council aware too, you are now vulnerable due to his threats and racism. Hopefully you may get help.

Do you know how the fraud happened? Is there any way he could be responsible? I had a slum landlord who stole post from my home whilst I was out, and then taunted me because I had letters from the local mental health team (I had depression, mainly down to his behaviour). It was the first time I had dealings with CAB and other agencies and later joined them in their volunteers advice team for homelessness. The police got involved as he had stolen my unopened post and although he only received a warning, it led to them looking into his dealings and he ended up being sent to prison for a huge fraud.

All because he stole my post and showed off.

Can you change the locks? Or do you know any guys who can come stay over with you, not to actually do anything to him but it may help if you're not a lone female occupant.

What did the police say?

Hooe you can get some support.

They are coming out as they said it’s malicious contact and also to talk to them about the harassment from the landlord. It’s really concerning that he is escalating like this. I’m hoping to speak to the manager of the agency tomorrow because it’s his employee and he really needs to address the matter now. My local council are lovely so hopefully they can offer some further advice.

Yes I think he will issue a section 21 as backlash but I do feel this was an intimidation tactic on his part and really not a good one. I’m going to push with them and also the harassment because I understand the situation is not good but he is escalating things to a point where it’s not safe to be in the property nor have further contact with him.