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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Housing Benefit suspended:pay rent or do Christmas - can't do both!

380 replies

NoMoneyMona · 18/12/2015 14:00

I had to put in a claim for top up housing benefit as my job contract ended in October. DH works full time but rent is very high (£1200 for a 3 bed) and we have 3 DC.

I have been unable to find another job despite applying for at least 2/3 most days, as many want weekend workers/evenings, and DH works weekends/eves anyway so we would have no childcare.

HB started paying about 3 weeks later and shortly after that they sent a letter asking for more evidence and gave me a month to supply it. Part of the evidence requested was a new child tax credit award showing the new award since I stopped working as amount would increase. I still did not have a new award by the time the month was up (and I forgot to chase them) so I contacted HB the day after the month was up to explain.

They stated, quite correctly I agree, that I should have contacted them within the month they gave so they could give me more time and as I did not contact them, they had suspended my HB and it would 3/4 weeks to reinstate it. The next day, I got the award notice and took it in to them but they insisted that I would be at the back of the 'queue' and they may not get to my claim before Christmas so I may have to wait until January as they close from the 24th Dec to 4th Jan.

That was 3 weeks ago. We have not had any payments since 23rd November. DH got paid today and if we use that for rent next week (and direct debits, normal food), we will not have a penny left. I will have £50 in tax credits to come as well which will not cover many extras. I have not bought anything for DC as I kept putting if off hoping for the claim to be reinstated. When I rang today, they said I would be unlikely to get any money before the 11th January! We have no access to credit.

WWYD? Would I be unreasonable to keep back about half of the rent and pay the rest when the HB restarts which will cover the shortfall?

OP posts:
TesticleOfObjectivity · 18/12/2015 17:25

Op I know this thread has taken a bit of a nasty turn but maybe it would be a good idea to start a new one in the credit crunch section or somewhere more appropriate than aibu. I think many posters, myself included, want to help you with some practical advice. We don't want you to suffer or feel you've let your family down over. There are so many people either in s similar situation to you now, or who have been there in the past, who will be able to offer up good advice.

evilcherub · 18/12/2015 17:27

You should get advice from one of the housing charities. I have pm'd you their contact details.

doitanyways · 18/12/2015 17:27

OP has said she's no access to credit, which presumably includes Argos cards, overdrafts and credit cards.

MrsDeVere · 18/12/2015 17:28

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doitanyways · 18/12/2015 17:31

I agree, but I also understand the sense of panic over Christmas.

We're currently saving up for IVF so Christmas is virtually non existent but (I am not joking) I've STILL had to spend nearly £50; I know I 'could not' but I buckled to pressure of not appearing totally Scrooge-like!

I can appreciate that if you have children it must be worse.

Probably outing myself here but today we had a Christmas jumper day and hardly any of the children wore one - I think they just couldn't afford it and I can see why.

EssentialHummus · 18/12/2015 17:32

I thought you couldn't even start the process of eviction until your tenant was 2 months (or weeks, depending on how often it's normaly paid) in arrears. Then they serve you with a notice which takes time, blah blah blah. There's quite a lot of process to go through. We had a tenant who was always in arrears - but only a bit each month - he didn't feel like paying the full rent so he just didn'5 do it. Eventually, the shortfall built up enough for us to start the eviction.

Ring Gingerbread, and check out your rights. Or CAB. I suspect, if you were to pay some rent, but not all, and then make up the shortfall as soon as you can, you'd find your LL couldn't do much about it. Legally, anyway.

Yep, but the LL is waaay more likely to tell the OP to fuck off come May, and when LL2 rings up for a reference LL1 will likely disclose rent arrears. That's why I and others have made suggestions as to giving LL notice and paying most of the rent if possible.

LL can serve notice now, for expiry in May/June, with an accelerated court procedure following 14 days later.

The 2 months thing stands though, you're right (it's the "other kind" of eviction, s8).

I currently know lots about this. Angry

specialsubject · 18/12/2015 17:32

yes, of course it is perfectly ok to give nothing for tat-mas if there's no money. Sparkly crap is not a human right.

no, the landlord can't evict just like that. But a sudden lack of money at christmas is a huge red flag for 'can't manage cash and prioritises crap over roof' and it will make most landlords think very hard about renewing the tenancy when it expires. So the OP needs to ring the landlord, explain the problem and make it clear she is trying her best. Any mention of 'but I need to buy presents' (no-one needs to buy presents) raises that red flag.

has anyone tried ringing their mortgage company and saying 'sorry, buying clutter so paying half the mortgage this month, that's fine isn't it'. What do you think would happen?

the landlord should have insurance against non or short payment. And legal expenses cover - because all too many have the attitude shown by those on here that plastic shit is more important than feeding, clothing and housing.

doitanyways · 18/12/2015 17:36

You see, it's so easy to say 'no Christmas, no money' but I've discovered first hand it's harder to actually do.

Believe me Christmas has never been a huge thing for me (bereavement has meant it's a tough time) but it adds up in little ways that can be quite frustrating, and I completely appreciate that with children it's near enough impossible to opt out of.

OP has been a bit rude on this thread, yes, but is she being rude because she's just a nasty, horrible woman or because she's extremely stressed and highly strung about what should be a happy time being overshadowed by money troubles?

I suspect the latter. Just - good will to all (wo)men?

goodnightdarthvader1 · 18/12/2015 17:39

Sorry, doitanyways I have limited sympathy for people who create their own problems then expect everyone else to sort it out for them. I know I've not been helpful on this thread but inflexible people who do the above wind me up.

expatinscotland · 18/12/2015 17:41

'has anyone tried ringing their mortgage company and saying 'sorry, buying clutter so paying half the mortgage this month, that's fine isn't it'. What do you think would happen?'

Or even a housing association. Ours would start slapping on the fines and arrears.

PitPatKitKat · 18/12/2015 17:44

Pay the rent, do what else you can to fund Xmas. It's not right, it's not fair, but it will be safer for your and your family. Your landlord sounds rather dishonest, aggressive and vindictive.

To the people pointing out that a contract is a contract...the landlady hasn't stuck to the terms of the contract, she has forced a higher than contractually agreed rent rise via threat of eviction. She is obviously not a trustworthy person. So I understand why the OP feels that she shouldn't have to stick to the terms of the contract either, but I don't think doing so would be a sensible course of action.

This kind of bad faith and bad practice is 1) Why the private rental sector desperately needs regulation 2) Why the OP should play it safe and pay rent on time.

However, OP, when you can, you would be best to move, even if it is hassle. Someone like your landlady will always be trouble, as she will pursue obligations to her aggressively whilst shirking her own obligations to others.

abbsismyhero · 18/12/2015 17:48

ask for an advance payment from housing benefit

BrushtheHeat · 18/12/2015 17:48

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BrushtheHeat · 18/12/2015 17:48

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BrushtheHeat · 18/12/2015 17:48

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BrushtheHeat · 18/12/2015 17:48

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BrushtheHeat · 18/12/2015 17:48

olive please, please don't do that! When I was a single mother I relied upon housing benefit and the few understanding landlords who were open minded enough to accept tenants on benefit. I have never, ever not paid my rent in full or on time. I was organised and sensible and would never prioritise frivolous crap at the expense of paying my rent.
Please don't think that the op is representative of all benefit claimants. Please. I once had to ask my parents to lend me six months rent in advance because I had to move (landlord wanted to move back in) and I had to secure another property as my notice period was nearly finished and dozens of landlords had refused to accept me, even with a higher deposit and good references. For that six months I was obviously unable to claim the housing benefit I was technically entitled to because the rent had been paid (but still had to repay my parents the full amount). And that is a lucky scenario because at least I had their help-a lot of people don't.
olive please reconsider!

BrushtheHeat · 18/12/2015 17:49

I have no idea why that posted so many times!! Confused

ijustwanttobeme · 18/12/2015 17:49

Haven't read the full thread, but was it just tax credits info the HB department were waiting for?

Our LA get tax credit information direct from HMRC and the claim is suspended automatically till it gets recalculated. This is usually done on a daily basis (unless backlog) and then the claim is unsuspended and payments can go out in the usual way.

We don't get further proof of tax credit, if the info has come via this route.

Can you contact the LA and ask if the claim can be looked at urgently as LL not willing to accept a late payment. Push to speak to a manager if necessary. If there is nothing else outstanding, recalculating your claim could be done on Monday and depending on their payment run dates you may be lucky and get it in time.

goodnightdarthvader1 · 18/12/2015 17:50

Who the hell is Olive? x4?

DinosaursRoar · 18/12/2015 17:51

OP - if you are still reading this (which must be hard going!) I was coming on to suggest the co-op £10 Christmas dinner

Then there's no need for a mountain of gifts, £30 each for each DC would give them something to open each. all in, you only need to budget an extra £100.

and the suggestion upthread to see about a Food bank parcel to release some food money is a good one. It also might be worth contacting your local Church, ours has a 'hardship fund' for people struggling in the parish - you don't need to be a regular church goer, just to live in the parish and in need of funding - your situation would be the sort our church would help out with.

TheHammaconda · 18/12/2015 17:52

You've signed a contract with your landlord. She allows you to live in her house - you pay rent. This rent is an amount that you have agreed to. Pay her the rent in full and on time. Why on earth do you think you can get out of your obligations because it's Christmas?

I'm a landlord and I live overseas. We don't pay tax on our rental income - it has been declared through HMRC. The LL's financial affairs are none of your business. She's not ripping you off, she's renting it to you at the market rate. She's entitled to end your contract with the appropriate notice you if she sells the house. You are not entitled to defer payment because it's Christmas.

Notimefortossers · 18/12/2015 17:52

Can't believe how many crazy responses on here. The OP is only talking about holding back a small portion of her rent in order to give her children a Christmas. She knows she will be able to pay the difference only two weeks late. Doesn't sound like it will break the bank for her landlord.

People would honestly pay their rent and not give their kids anything for Christmas?! For the sake of two weeks!? You're bonkers!

OP has stated she can not be made homeless and I think she knows her situation better than we do.

I would go ahead OP, but talk to you landlord first.

Also, you were crazy irresponsible to lapse on the time of something so important at this time of year and also silly for not buying for your DC throughout Oct and Nov. But I suspect you know that and have learnt your lesson

Bubblesinthesummer · 18/12/2015 17:53

Your landlord sounds rather dishonest, aggressive and vindictive.

So is the OP in my opinion.

Questioning the LL mortgage, tax returns etc. Absolutely non of her business.

They are doing themselves no favours by coming accross as rude and entitled on here themselves.

x2boys · 18/12/2015 17:53

I,m surprised you got any housing benefit at all with not all the info its a nightmare i know ,in may i gave up workto be a carer for my son who is disabled first time we have claimed benefits , dh works full time but on minimum wage anyway we were entitled to some housing benefit because they kept asking for more info it took nearly four months to get a payment they did back date it but it was a tough few months i hope its sorted soon.