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AIBU?

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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:
Original poster
WhatNow1993 · 01/08/2019 16:11

No council tax was paid either but my mum lent me the money to pay the year off as they were obviously taking legal action for that, also. Hence me not mentioning that. Like I said it's like I didn't exist in any system at all and the account/arrears were invisible until they found them and then landed on my doorstep.

Thanks @passthecherrycoke, I am now in receipt of full housing benefits so my current rent is being paid and I am paying them 20 a week. It's not ideal but I'm obviously cutting back on as much as I can to pay it.

OP posts:
DerelictWreck · 01/08/2019 16:11

B moved late 2017 and got notice april 2019 so not quite 2 years @derelictwreck**
*
But even 18 months is only £200 a month in rent? I'm just wondering OP if your rent was being paid at the beginning?

Also if you got the notice in April, have they not taken any action in last 4 months?*

Quaffy · 01/08/2019 16:16

What does the section 8 notice say about the grounds on which they’re seeking possession? Does it mention ground 8 or ground 10?

Original poster
WhatNow1993 · 01/08/2019 16:18

Of course I've taken action. Ive tried everything that has been suggested and not got anywhere, that's why I've posted here to see if anyone has any other ideas on what I can do. It's a last resort before I honestly give up and stop trying to fight it. Thank you to everyone who has given me other options to try. I'm not going to reply to the ones trying to pick holes or expose some kind of lie as to be honest, I can't give any head space to any more stress at the moment.

OP posts:
Foslady · 01/08/2019 16:31

Would the HB have covered all your rent? Is this top up that hasn’t been paid?

Passthecherrycoke · 01/08/2019 16:34

if you’re paying £20 a week to the rent arrears then you’ve agreed a payment plan and all legal action from the HAs side should stop

Original poster
WhatNow1993 · 01/08/2019 16:40

It was to cover full rent. 4k isn't the exact figure and I can post a photo of the statement and section 8 when I go home if it means people will stop trying to put 2 and 2 together and getting 10. Like I said I'm at my mums until I can put electric on so can't give you the 'proof' right now.

OP posts:
Cloudyapples · 01/08/2019 16:40

Contact shelter they can advise

TheFridgeRaider · 01/08/2019 16:43

It's not really people trying to find holes in a story. It's more about having the correct info so they can try to help.

I would certainly start a formal complaint about how it was badly handled at the beginning. Second pp in trying to write to the MP's office

Wellandtrulyoutnumbered · 01/08/2019 16:46

Contact shelter. None of this sounds right. There should be a payment reminder, warming of notice, notice if seeking possession, a pre court 7 day letter, then notice/court action.

NoBaggyPants · 01/08/2019 16:46

Were you claiming HB at a previous address, and was that in the same authority?

AmeliaFolch · 01/08/2019 16:47

OP, have you contacted Shelter? They’re usually very good and may be able to support you through this. Also search for any local housing advice charities in your local area. The ones where I live have support workers who will help you talk to the HA and work out a payment plan you can afford. If you’re claiming benefits you can ask for payment to come directly out of your benefits to pay off the arrears. When I worked for an HA, many years ago, we were only allowed to take £5 a week as a third party payment. I’m really surprised that you’ve had no previous contact from the HA until the eviction notice as that should be the last resort. It doesn’t sound as if the correct procedure has been followed. If you’ve talked to the HA and they won’t budge on the eviction contact Shelter. They will be able to help you through this.

WineOclock2019 · 01/08/2019 16:49

The reason I asked if Clarion as Dsis is also in similar situation.

Normal protocol is to inform tenant when arrears begin and automatic letter is sent out to remind to clear arrears, normally about a months worth, first letter should be sent out.

Through appointment at CAB agent spoke to Clarion on her behalf. Apparently they have over the last year had new computers/software which isn't working correctly leaving many customers account off the radar, and not flagging up on system as in arrears.

She herself was supposed to be in receipt of full HB, but due to the benefit cap, it comes off housing benefit payments first, meaning a monthly top up from herself should've been payed. (Which she also wasn't informed about)

Luckily her agent dealing with this has managed to put a hold on any further action for now while he looks into it.

As it is massive wrong mistake and fault on the side for letting arrears escalate without notice he's quite sure it can be resolved without court. He's reviewing her income/outcome to put forward an affordable repayment plan.

Can you maybe try a different CAB to see if this can be arranged for you?

Must be stressful, and hope all goes well Flowers xx

PookieDo · 01/08/2019 16:50

This is very confusing I want to try to help you

I think the biggest question is how no one informed you. I don’t know what HA you are with. I had to sign a DD mandate for my rent and it is all online. I understand that you opted to pay straight to the HA for your benefit but I don’t understand firstly how your rent was so little for 2 years and secondly why they took 2 years to find the error. Have you had any info from the local council re the benefits? Is this the issue that you have not been paying the shortfall which is different from the whole rent not being paid at all

So did your benefit cover some of The rent but over time the shortfall built up to £4000?

PookieDo · 01/08/2019 16:52

Thing is if you aren’t clear here then we can’t help you get to the right place
You might need to post a better timeline of events and your understanding because this is just a bit muddled

Original poster
WhatNow1993 · 01/08/2019 16:52

I was claiming a small amount of HB in my previous address as i was working but i was signed off work with a severe back injury just before I moved and it was to a different area. A council house to a housing association. I havent contacted shelter as i was tild no one would have a duty to house me, just my children as it's classed as intentionally homeless but I will call them to see if they can help.

OP posts:
Quaffy · 01/08/2019 16:53

I wasn’t asking about the grounds to catch you out. I’m asking because there a different considerations for a ground 8 claim for possession than to a ground 10 claim.

Original poster
WhatNow1993 · 01/08/2019 16:58

Sorry I didn't mean to sound rude. I will check when I get home and look up the difference between them

OP posts:
Passthecherrycoke · 01/08/2019 17:33

But you don’t need housing OP, you already have a house. You just need to stop the court action by setting up a repayment plan- but you say you’ve already done this?

lyralalala · 01/08/2019 17:39

Shelter will help you - they are housing law specialists, they don't actually house people

Original poster
WhatNow1993 · 01/08/2019 17:43

I didn't say I needed housing, although I'll admit I'm worried I will do. I think the ss involvement has scared me the most as they said they will hold a next steps meeting on where the kids will go if I am evicted. I guess that makes it sound final, maybe. But if I'm not at risk as such with a repayment plan in place, I'll stop worrying so much. I havent been told thats the case by anyone and have just been left to worry with no much of an explaination on what happens next.

OP posts:
Passthecherrycoke · 01/08/2019 17:59

Is it a repayment plan? You said you were paying an extra £20 a week, how did this come about? Surely you must’ve arranged it with someone?

Bookworm4 · 01/08/2019 18:06

If you are currently in receipt of full HB have your circumstances changed between end ‘17 and now?
If not, you should have been eligible all along and that would be an error on the HA behalf.
If you have a repayment plan in place they must accept that and stop eviction proceedings.
You need legal advice and to get as much information regards your original claim. do not let HA fob you off.

Original poster
WhatNow1993 · 01/08/2019 18:09

It was an agreement I made in a panic when I went into the council office to try to sort it out and was told payment was the only solution.

I'm now getting full HB so it's just for the arrears. Ive been told now that i only legally have to pay £4 as i am in receipt of esa so will look into why no one told me that either. I really cannot afford 20.

I never thought I'd be in a position where I'd have to choose between electric/food and keeping a roof over my children's heads. 2 years ago i was in training to be a nurse and we were getting by. It's just thrown me completely and I didn't know what else to do. Some of the replies have been really helpful, though and also a couple on the legal board so thank you.

OP posts:
Bringonspring · 01/08/2019 18:09

If your in the SE the most likely reason is there was a shortfall between housing benefit and arrears. Offering to pay £80 a month as you are is an ok replacement plan. If they want more then try to understand how much more.