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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Rent arrears

170 replies

WhatNow1993 · 01/08/2019 15:12

I did post in legal but not had many responses...

Sorry if this is long... I moved into my house in 2017 after leaving a very bad relationship. My housing officer came round to sort the tenancy and while here, we filled in a housing benefit form together. She took all paperwork and evidence with her and told me she would take it all back and get it sorted out.
I know it is essentially my responsibility to make sure it was all done but it just didn't enter my head to check and I had no letters or anything to say otherwise.
I have now been served with a section 8 and have over £4000 Rent arrears.
I applied for DHP and was refused because they say I have £15 a month spare and can come to an arrangement confused social services have now opened a child protection plan as they say I've neglected my kids by risking their home and if I get evicted, they will house my children but not me.

I know I should have checked and made sure my hb had been set up correctly but I trusted my housing officer. Also how can a landlord let you get into £4000+ arrears before letting you know?

I have been to the CAB and they said there's nothing they can do to help as it is rent and is my fault no matter what the reasons are.

Does anyone know where I can go for advice/help? I stand to lose my children and my home and no one so far has been able to help me, except to say I need to pay it. I wish i could, but unfortunately I can't magic up that kind of money.

OP posts:
HappyPunky · 01/08/2019 15:20

Are you eligible for housing benefit? Check what happened to stop it being paid if you did and why they didn't contact you.

Do you have an online account with the housing association? If you can set one up start paying even if it's a small amount while you get things sorted out.

gobbynorthernbird · 01/08/2019 15:30

Have you never had a letter from housing benefit/universal credit, or your landlord?

Original poster
WhatNow1993 · 01/08/2019 15:33

I've tried to find out what happened but no one seems to know as They said I was eligible for full housing benefits when I moved in.

Obviously something went wrong between my housing officer taking the form and documents and the final process of setting it up but all I keep getting told is it was down to me to check. They also have no answer to why it was allowed to get to 4000 before I was told about it. I am paying 20 a week but it's crippling me financially. Ive had to come to my mum's for the weekend until I can put electric on as it ran out this morning.

I'm just struggling to understand how it got this far and how I'm at serious risk of losing my home and my children and no one is able to point me in the direction of any help 😧

OP posts:
bernietaupinspen · 01/08/2019 15:33

Also how can a landlord let you get into £4000+ arrears before letting you know?

They don't. What is their explanation for this?

Original poster
WhatNow1993 · 01/08/2019 15:37

The first I knew I was in arrears was when a rent statement and an eviction notice turned up on the same day. I went into the council office to speak to someone and they eventually told me that for 'some reason' no previous notices had been sent.

I asked how that's even legal or how I can be solely responsible if that's the case and they said because I signed the tenancy to say I take responsibility for rent being paid.
I understand that but how was I supposed to know it wasn't being paid if no one told me?

OP posts:
Original poster
WhatNow1993 · 01/08/2019 15:42

My children have also been placed on the child protection register as they said I've neglected them by putting their home at risk and they said they only have a duty to house my children and not me so have started putting a case together to take them if I get evicted. I have been shut down at every place I've turned to with no other options or advice given. None of it makes any sense

OP posts:
adaline · 01/08/2019 15:44

So between 2017 and now, you've not had any communication or anything with regards to your housing benefit?

AnchorDownDeepBreath · 01/08/2019 15:46

Was the claim ever running? Did you ever get anything, a letter, any payments? Or is £4K your rent for the past two years?

Original poster
WhatNow1993 · 01/08/2019 15:47

Up until April, no communication at all. I know it doesn't seem possible or logical and no one has any answers. It's like I was lost in the system for 18 months then found at the bottom of a big pile or something. I don't know how it's happened.

OP posts:
Unicornsdosparkle · 01/08/2019 15:48

There is a pre court action protocol that has to be followed. If you are saying you've not received any form of contact from your landlords e.g call, text, visit, letter, rent statement then this hasn't been followed. Have you received your court date yet?

WineOclock2019 · 01/08/2019 15:48

By any chance are you with the housing association Clarion?

Makingawish · 01/08/2019 15:49

@WhatNow1993 contact Shelter ASAP, they should be able to advise better.

Original poster
WhatNow1993 · 01/08/2019 15:51

The payments are made directly to the housing association as I've not been moved to UC so I wouldn't have received any payments. The 4k is the arrears.

OP posts:
BrightYellowDaffodil · 01/08/2019 15:51

Worth contacting your MP?

DerelictWreck · 01/08/2019 15:52

If no rent has been paid for two years, how are you only £4k in arrears? Surely your rent isn't only £160 a month?

Unicornsdosparkle · 01/08/2019 15:53

When you go to court for your hearing there will be a duty advisor for you to see. They will give you free advice and represent you in court and if legal processes haven't been followed they will advise you accordingly.

Original poster
WhatNow1993 · 01/08/2019 15:55

No @wineOclock19 it's a housing association in the SE.

I don't think there's a court date just a section 8 to seek possession. I'll call shelter and see if they can help, although I have been told there will be no duty of care to re house me as it will be deemed as making myself intentionally homeless??

OP posts:
Orangepear · 01/08/2019 15:55

What has the housing officer said about what they did with the housing benefit form and your evidence? Was your evidence returned to you? Have you now claimed housing benefit and did you request a backdate? Was council tax benefit part of the same form, and is that in payment? Does the council have a homeless prevention fund, this could be used for arrears.

longearedbat · 01/08/2019 15:58

If its an error and you should have been receiving hb all this time, would you be due a back payment?
How come the arrears are only 4k? If you haven't been paying any rent, surely they would be more?
Have you contacted Shelter?

Original poster
WhatNow1993 · 01/08/2019 15:58

I moved late 2017 and got notice april 2019 so not quite 2 years @derelictwreck.

OP posts:
notapizzaeater · 01/08/2019 15:59

Where's the money being paid ? Is it being paid ?

gobbynorthernbird · 01/08/2019 16:00

Good question, Orangepear.
OP, what happened with council tax? They're usually very on the ball with non-payment.

Passthecherrycoke · 01/08/2019 16:00

Don’t worry about being homeless, concentrate on keeping your home- which I strongly suspect I will. Have you:

  • raised a formal compliant with the HA
  • offered them the spare £15 a month as a repayment plan
  • spoken to housing benefit about whether you are eligible and when Hb payments will restart and whether you will be backdated
  • finally have you confirmed with HB that your payments were never made? Potentially they could be sitting in a suspense account if not set up properly

It’s not about your children being taken away or homelessness, you have a good chance of staying in Your home. But you must take action now and start talking to people

Original poster
WhatNow1993 · 01/08/2019 16:03

She's not my housing officer any more and wasn't any help when I called to talk to her. I applied for a discretionary housing payment but it got rejected. They only backdate 4 weeks. The only evidence I have is a scanned document I emailed to her which I didn't have the day we filled the form in. But they said it doesn't really prove much.

OP posts:
Feelslikecrystal · 01/08/2019 16:07

You need to seek legal advice. I’m in Scotland & that notice here would not stand up in court as the pre action requirements don’t sound like they have been met. Ie no prior warning of debt or chance to deal with it before your section 8 was served.

Get legal advice URGENTLY & make a formal complaint about non notification & how you are now in a hugely disadvantaged position due to your trust in the association.

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