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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:
Awwlookatmybabyspider · 01/08/2019 19:28

They'll house your children but not you.
HTF does separating you from you children help them.
The same children who the "Oh so caring social services" are so concerned about.
I really don't get the logic and fixation of trying to break the bond between parent and child. Unless of course you're names Tracey Connolly. Where were they then!!!!!!!!!AngryConfused
Your children aren't abused. You're hit upon hard times. That doesn't make you a bad parent.

Awwlookatmybabyspider · 01/08/2019 19:30

One thing I do know is. They can't evict you without a court order. If they do this or try to do this. They are breaking the law. That's not my opinion. That's a fact

LakieLady · 01/08/2019 19:34

OP, until last November my job was helping people in a position like yours.

First of all, it doesn't sound like they've issued eviction proceedings yet, so time is on your side. Explain that you can't afford £20pw, beg to make an arrangement for current rent + £5 a week, stick to it and you should be fine. Tell them you've realised that you underestimated how much you spend on electricity, children's clothes, fares etc. The current rent will be met by housing benefit.

Then try and establish if any HB was ever paid, or if they just never got/never processed the claim. What you do about holding people to account for the cock up depends on that.

Go through all your outgoings and see where you can make savings. Your HA may have a financial inclusion officer who can help you with this, if not, see if the council can refer you for something called "floating support" (my old job). Do things like cancel Sky if you have it, get cheaper broadband, get an ordinary meter for the electric/gas (card/key meters are always more expensive).

Make sure you're getting all the right benefits. Might you be entitled to PIP? If so, get help to apply. Might any of your kids be entitled to DLA?

Pay extra off the arrears as and when you can. PM me if you want to discuss your options privately!

Original poster
WhatNow1993 · 01/08/2019 19:36

@Awwlookatmybabyspider I've asked the same question and it comes down to me being intentionally homeless so local authority have no duty to house me but obviously they have to house the children. I don't even know if this is all above board now as the more I think about It, the more it doesn't make sense. I probably made a mistake in calling them when I needed help to get out of an abusive relationship because this all seems to have happened since then. I'm trying not to think of conspiracies but it's hard.

OP posts:
Awwlookatmybabyspider · 01/08/2019 19:39

That's the thing, isn't it. You're encouraged and told "There's no shame in asking for help" and Then when you do they're persecuting you and just adding to your worries. It's no wonder not many people have respect for them.

Wellandtrulyoutnumbered · 01/08/2019 19:41

You are in a universal credit live area aren't you? So any new claim for housing costs wouldn't be housing benefit but universal credit. So if they have awarded HB now that's really odd.

Original poster
WhatNow1993 · 01/08/2019 19:42

@LakieLady thats really helpful, thank you. I didnt even know about floating support so will ask if they offer that

OP posts:
Original poster
WhatNow1993 · 01/08/2019 19:44

Im not on UC as i am on esa so haven't had to change over to it, I'm still receiving tax credits

OP posts:
buttonmoonb4tea · 01/08/2019 19:48

Make a backdated claim for hb and state everything you've written here. If they refuse which they may then ask appeal. I fear Universal Credit is in your area but don't claim that until you have some clear idea what is going to happen with your hb backdate application.

Oh and contact you're local MP to support. It's ludicrous that they using the rent arrears as neglect of that really is the only thing of concern to social services. If you're made homeless it's going to cost far more to re-house you in temporary accommodation than it would to just Be easier to backdate HB. And the cost of paying HB would also mitigate the cost the local authority are spending due to social services being involved.

Also state the stress the threat of homelessness is having an adverse affect on yours and your children's wellbeing.

buttonmoonb4tea · 01/08/2019 19:52

Sorry for the poor grammar. Shit phone.

HiItsClemFandango · 01/08/2019 19:55

When were you given the eviction notice?

buttonmoonb4tea · 01/08/2019 19:57

And it's pretty standard practise for housing officers to complete HN forms with new tenants before UC went full service so maybe there's been an admin error.

But as someone else said I would have expected ctax bills and demands to be coming through the door before now as the HB form usually includes a council tax reduction application too.

buttonmoonb4tea · 01/08/2019 19:58

Sorry HB form. Fucking phone.

Original poster
WhatNow1993 · 01/08/2019 19:59

@buttonmoonb4tea They had concerns when I contacted them re the relationship as expected. I worked with them, ended the relationship and moved house. There was a CIN in place because of this but they said I'd done what was needed and I wasn't worried, I knew it was for their safety. Now they've stepped it up because they've said I've neglected them due to the arrears and risking their home. Ive read what everyone has said and I'm going to try all options.

OP posts:
Allways123 · 01/08/2019 20:05

Thyre supposed to send you a letter when you've been in arrears for at least 8 weeks letting you know you're in arrears and telling you to get in touch to make an arrangement to pay.. It will usually say you risk losing your home if you fail to keep to the agreement.. The housing officer may not have processed things correctly, maybe that's the reason for not getting any letters or rent statements.. Usually after claiming HB or CTB you're sent an award letter giving you a breakdown of what you will get depending on your circumstances.. It will say if any of the details are wrong to inform them straight away etc.. In any case if you're sure the officer filled the form out with you make a complaint to the HB/CTB team right now giving all the details.. If you make a HB or CTB application you should always get a receipt to prove you have made a claim.

buttonmoonb4tea · 01/08/2019 20:06

You need a welfare rights officer supporting you. Does your local authority have a welfare rights team.

They're going to waste a lot of precious resource taxpayers money to re-house your family and keep social services involved due to possibly risking homelessness when it would be far easier and cheaper just to pay HB.

What area are you OP I might be able to locate a welfare rights unit for you or you could contact child poverty action group who might be able to point you in the right direction.

buttonmoonb4tea · 01/08/2019 20:08

And I second shelter...they're a good organisation too

LakieLady · 01/08/2019 20:10

It's quite unusual for CP plan due to possible eviction.

I've known it happen, but not usually until court proceedings have been issued.

buttonmoonb4tea · 01/08/2019 20:13

In fact do you even have a council tax account? Either the HA or tenant usually contacts to say the tenant is liable for ctax from start of the tenancy.

You need to contact the council tax department to find out. If not the housing association obviously never informed them and I assume you haven't so that would possibly strengthen your argument that you thought all was sorted out with HB/CTR as you never had a bill which in turn strengthens the argument that you did apply and the housing officer hasn't handed the form in.

buttonmoonb4tea · 01/08/2019 20:15

This reply has been deleted

Message withdrawn at poster's request.

Sarahandco · 01/08/2019 20:16

You need to check if the housing officer actually put in your claim?

If the housing association get the hb directly and they told you that they would complete the claim with the evidence you gave them then they may be at fault?

Have you got council tax arrears? if not then I would assume that the claim was set up and that the council tax has been paid.

There could be an error?

Definitely go to shelter for advice and ask the housing association why the housing benefit claim was not processed as you were told that it would be and you did your part of the application process.

Something is not right here.

Wellandtrulyoutnumbered · 01/08/2019 20:16

Im not on UC as i am on esa so haven't had to change over to it, I'm still receiving tax credits

Except new claims aren't available to housing benefit even if you are on those benefits so your story isn't ringing true that they've awarded your housing benefit.

You either had it before and it stopped and they've done a reconsideration or you never had a claim for it and they'd tell you it would be UC you'd need to claim.

Wellandtrulyoutnumbered · 01/08/2019 20:17

Have you actually been at home recently to receive correspondence?

Pollywollydolly · 01/08/2019 20:21

OK A few questions.
What reason did the council give for refusing your DHP?
Why won't the CAB help?
Did you receive rent statements during the period that the rent wasn't being paid?
What type of tenancy do you have?
When exactly did they serve the section 8?

A few facts
It's not too late to sort this out!
The law changed a while ago so unless it is their fault the council can only backdate your claim a month.
You can't go to the ombudsman unless you have exhausted the complaints procedure with your Housing association. I'd like to know the reason for the refusal of the DHP before I would advise you to do that. I'm not convinced you would succeed anyway because your tenancy agreement will state that the rent is between you and your landlord and HB is between you and the council or words to that effect.
The council can decide you have made yourself voluntarily homeless, they don't have to though.
If it goes to court on a section 8 the judge has to give the possession order, there is no discretion.

If you don't know what type of tenancy you have or when you received rent statements then ring them up and ask. Don't wait until you go home. You need to be proactive.

Original poster
WhatNow1993 · 01/08/2019 20:23

I definitely do not need to be on UC I get the premium on esa and therefore do not need to move over and my hb claim is now live.

OP posts: