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Can I be evicted?

28 replies

stairsanddoota · 03/01/2023 11:41

I rent my house through my local housing association.
My rent is £76 a week and works out £330 a month.
When I signed tenancy they asked for 1 week in advance (which I paid )
Now I've had to claim UC and they are telling me my rent is now £360 a month as they want me a month in credit.
I've told them a extra £30 a month is too much but they hound me.
At the moment my rent account is £38 in credit but by the time I make my next payment it will be £192 in arrears Till I pay them I'm in credit for around 2 weeks.
There's literally nothing I can do
I've said I can pay a extra £5 a month but they said it needs to be £30
Yet when I got house they were happy for me to pay 1 month in advance
I'm also getting a 50% discount in water rates but they still asking me to pay full water rates

OP posts:
stairsanddoota · 03/01/2023 11:42

When I got house I paid 1 week in advance not month

OP posts:
Tamarindtree · 03/01/2023 11:49

I’ve never heard of anyone only paying one week in advance, it’s usually a month.

www.entitledto.co.uk/help/rent

Interested in this thread?

Then you might like threads about these subjects:

Tamarindtree · 03/01/2023 11:51

list of where to ask for advice -

www.entitledto.co.uk/help/more-advice

girlmom21 · 03/01/2023 11:53

Why are they asking you to pay full water rates if you are entitled to 50%?

Can you not increase your UC claim in line with the rent increase?
The increase will only be temporary.

stairsanddoota · 03/01/2023 11:58

They are saying because I'm not 1 month in credit I can't take advantage of the water discount
Even tho the water company have confirmed they are paying a 50% reduced rate for me

OP posts:
stairsanddoota · 03/01/2023 12:00

@Tamarindtree yeah deffo 1 week

Can I be evicted?
OP posts:
MooseAndSquirrelLoveFlannel · 03/01/2023 12:00

If you pay monthly you need to be a month in advance. If you only keep a week in credit you will be constantly in arrears.

I think the minimum weekly pymt for arrears is around £4-£5 a week on a court order so actually the £30 they ask for is about right. If they took you to court for arrears this is likely what you would need to pay.

They wont evict you, only a court can do that, but you need to get yourself a month in advance. Have you asked if you could get a DHP?

girlmom21 · 03/01/2023 12:01

stairsanddoota · 03/01/2023 11:58

They are saying because I'm not 1 month in credit I can't take advantage of the water discount
Even tho the water company have confirmed they are paying a 50% reduced rate for me

Tell them you can't do both and you can pay the 1 months rent more quickly if you get the 50% reduced rate

MooseAndSquirrelLoveFlannel · 03/01/2023 12:01

stairsanddoota · 03/01/2023 12:00

@Tamarindtree yeah deffo 1 week

That clearly says "at least......" if you were paying weekly then a week in advance would be fine.

stairsanddoota · 03/01/2023 12:02

I've just looked and it says they can't take you to court for arrears unless it's 2 months ?
Is this correct
As I'm only ever 2 weeks in arrears

OP posts:
stairsanddoota · 03/01/2023 12:03

@MooseAndSquirrelLoveFlannel my universal credit isn't enough to pay £30 extra and live ..that's why I have offered £5 a week
I simply can't afford to pay £30 extra

OP posts:
stairsanddoota · 03/01/2023 12:03

£5 a month

OP posts:
MooseAndSquirrelLoveFlannel · 03/01/2023 12:04

stairsanddoota · 03/01/2023 12:02

I've just looked and it says they can't take you to court for arrears unless it's 2 months ?
Is this correct
As I'm only ever 2 weeks in arrears

No, its 2 months or "persistent" arrears, it's either ground 10 or 11 of the housing act.

stairsanddoota · 03/01/2023 12:04

Well they will be taking the majority of their tenants to Court as I can't imagine many being a month in credit if they receive UC

OP posts:
MooseAndSquirrelLoveFlannel · 03/01/2023 12:05

Ground 11 – Persistent delay in rent payments

Two weeks' notice of proceedings required.

There need not be any current arrears at the start of court proceedings, but the landlord must prove that there has been a history of late payment. The Pre-action Protocol for Possession Cases based on Rent Arrears outlines the steps that social landlords should take when rent arrears arise before pursuing possession proceeding

stairsanddoota · 03/01/2023 12:06

@MooseAndSquirrelLoveFlannel they know UC is paid in arrears so unless they think I have a money tree in my garden I'm not sure how they expect me to find this extra money
I pay on the same day monthly -I pay my actual rent ..so I don't understand what more I can do

OP posts:
MooseAndSquirrelLoveFlannel · 03/01/2023 12:07

stairsanddoota · 03/01/2023 12:04

Well they will be taking the majority of their tenants to Court as I can't imagine many being a month in credit if they receive UC

Doubtful, as they would take a month upfront for UC pymts (which you can occasionally get UC or the LA to pay for you) so no arrears and if they are in arrears they will offer a repayment plan of which the minimum is around £30 a month.

Have you asked about DHP?

MooseAndSquirrelLoveFlannel · 03/01/2023 12:09

stairsanddoota · 03/01/2023 12:06

@MooseAndSquirrelLoveFlannel they know UC is paid in arrears so unless they think I have a money tree in my garden I'm not sure how they expect me to find this extra money
I pay on the same day monthly -I pay my actual rent ..so I don't understand what more I can do

You pay extra to bring yourself in front.

What does your tenancy agreement say, does it say you have to be ahead in rent? All ours at my HA clearly state a month in advance unless paying weekly.

stairsanddoota · 03/01/2023 12:09

@MooseAndSquirrelLoveFlannel that's what I'm doing ,I'm paying a extra £5 which is all I can afford

OP posts:
MooseAndSquirrelLoveFlannel · 03/01/2023 12:11

stairsanddoota · 03/01/2023 12:09

@MooseAndSquirrelLoveFlannel that's what I'm doing ,I'm paying a extra £5 which is all I can afford

But £5 a month is less than even a court would order. That's the issue.

Again, have you asked about a DHP?

stairsanddoota · 03/01/2023 12:11

@MooseAndSquirrelLoveFlannel they have said I can't get a dhp as I'm not entitled

OP posts:
MoscowMules · 03/01/2023 12:13

Do you have a Tenancy Support Unit available on your area OP?

If so self refer, the TSU officer will then engage with the social landlord to assist with this.

Most LA's and social landlords run 1 month in arrears to be honest, it's because when you apply for the housing cost element on UC it can take up to 4 weeks for it to be approved, you then can't pay rent with money you have yet to receive. So the majority of people are always 1month in arrears. It's a nightmare for the LA and Social Landlords, but most just accept it in my experience, especially when a TSU or support worker battles the case and point out with them.

.you could technically be evicted for breech of tenancy, I won't lie. But get support to take this on. Is keyworkers and support workers normally have very good relationships with the rent officers and District Housing Officers and can talk it through with them. Also if you put a payment plan in place like £5 extra a month, evicting you becomes harder because a mutual agreement (amendment to tenancy) has been agreed formally.

stairsanddoota · 03/01/2023 12:15

@MoscowMules no I've just checked
We don't have 1 in our area at all
That's a shame
That would have been helpful

OP posts:
MoscowMules · 03/01/2023 12:20

stairsanddoota · 03/01/2023 12:15

@MoscowMules no I've just checked
We don't have 1 in our area at all
That's a shame
That would have been helpful

Ok any other support services you could be referred to that have a outreach service?

I don't expect you to divulge your entire personal situation, but anything for young families, vulnerable women, BAME families and support, Christians against poverty. Don't worry you don't need to be a Christian.

Anything basically that could make you more vulnerable, and might reach the requirement for support?

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