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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Pollywollydolly · 01/08/2019 20:24

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.

That's not correct, new claims are being processed for HB if you are on a legacy benefit.

hannah1992 · 01/08/2019 20:29

I havent read the whole thread but why are social services involved? Were they involved before? Social services dont put children on a cpp and threaten to remove them because you're being evicted over rent arrears.

Council in my area usually call a meeting with you and housing officer to discuss arrears. Also, if your rent is being paid now and you are paying off the arrears no matter how much they usually dont bother with the eviction route. How much is your rent pcm? How many months has this gone on for to get you 4k in arrears

WhatNow1993 · 01/08/2019 20:31

@Pollywollydolly They refused the DHP because they said I have £15 a month spare so can come to an arrangement. I think it's an assured tenancy but will have to check. The CAB said regardless of reasons, its my responsibility to make sure rent is being paid. I know I signed an agreement to say I understand that BUT why didn't they chase me when I was 2 weeks, a month, 2 months behind, so I could sort it out?

OP posts:
AngelasAshes · 01/08/2019 20:38

OP- don’t think anyone has mentioned this but you are technically disabled as you are signed off work and on ESA.

This means you can get help from disability charities to sort out the benefits issue and represent you with the council and HA.

One charity I know in Suffolk is Papworth Trust. They have a resource Center in Bury St Edmunds, another in Ipswich...but if you have no transport they might even help you with that. I have pasted the info for the West Suffolk Disability Resource Ctr they run but you can call and get to whatever Office is closest to you.

Depending on your disabilities- eg if you have any mental health condition from the abusive relationship in addition to your back condition a case could be made that you are not capable of managing your finances alone and thus rent arrears cannot be viewed as having made yourself intentionally homeless.

West suffolk Disability Resource Center
You can get a range of free information and advice at the West Suffolk Disability Resource Centre, which is a partnership between different charities and other organisations. We can help you with:

Free information and advice
Benefits and welfare
Dietary advice
If you or a family member or friend are disabled, Papworth Trust can give you free information and advice on subjects including care, homes and repairs, leisure and social activities, work, benefits and much more. Please drop in to the centre at 4 Bunting Road, Bury St Edmunds, or call 01284 748888.

DinosaursWouldEatYou · 01/08/2019 20:39

This isn't helpful in the slightest but I just wanted to say a family member of mine was issued with a court order date for missing, I think it was 4/3 years council tax. They received no letters, no phone calls, no red letter stamped on the door threatening eviction, nada.

It's very rare but it does happen, the council/HA have some tenants slip through the cracks and instead of owning up to there faults they just slam you with all debts and missed paperwork they can find.

Yes it's the tenants responsibility but the council/HA can massively screw up too.

Good luck OP hopefully because you're paying something towards the debt, they should back away and SS.

Wellandtrulyoutnumbered · 01/08/2019 20:40

Only for legacy benefits with SDP so I assume that's what you mean by premium.

buttonmoonb4tea · 01/08/2019 20:40

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.

You're right O/P if you're entitled to the severe disability premium in your ESA you are prohibited from claiming UC and must claim help towards rent through HB.

AngelasAshes · 01/08/2019 20:41

They helped me with my PIP appeal by assigning me a legal representative. Good luck!

Wellandtrulyoutnumbered · 01/08/2019 20:43

DHP initiative for tenancy saver? Lump sum towards arrears?

I suspect they'll go for suspended possession which means you must keep on top of your repayments.

WhatNow1993 · 01/08/2019 20:46

@AngelasAshes that's amazing, thank you!

@DinosaursWouldEatYou At least I know it does happen to other people because I've felt completely alone in this and I know I've got looks of disbelief when I've tried to explain what's happened!

@Wellandtrulyoutnumbered if you mean the severe disability premium, then yes

OP posts:
HopelessLayout · 01/08/2019 20:47

Haven't RTFT. But contact your local councillor. Their details will be on the council's website if you don't know who it is.

Wellandtrulyoutnumbered · 01/08/2019 20:54

Also if original housing benefit claim never received then council tax relief also not applied for?

Did you not get a bill in April 18? Or any summons?

LakieLady · 01/08/2019 21:00

District councils now have a statutory duty (Homelessness Reduction Act 2017) to help prevent homelessness, so they should be working with you to help you sort this out. I'd ring and ask them for an appointment with a housing caseworker.

If the HA haven't been sending rent account statements or letters telling you that you were in arrears, I'd be pointing this out. If this has happened, they are at least partly to blame. You would have chased up the non-payment of housing benefit far sooner, had you known about it and I'd be making this clear. They will look like dicks in court if they haven't notified you before now!

If they have been sending letters etc and you've stuck your head in the sand, there's no shame in that. People do it all the time, housing officers and anyone working in homelessness prevention know this, and they shouldn't judge you for it (they're in the wrong job if they do!) It's very common for people who have depression (which is also very common in the aftermath of a relationship breakdown) to struggle to face up to stuff, so if you have a mental health diagnosis, make sure they know. (Also, some judges hate issuing possession orders when the tenant has MH issues, and HAs/councils know this!)

If proceedings have been issued, you should be entitled to help from a solicitor and CAB will be able to sort you out with one. Legal Aid should apply. (In W Suffolk, I know there is one in Bury St Edmunds, because I contemplated applying for a job there a while ago).

With regard to the housing benefit, if it was being paid, you need to know when it stopped, and why. Then people on here can advise you what you need to do about it. Also, you should have been getting full HB from when you went onto ESA. There are loads of things that can go wrong, but a claim where someone is on an income-related benefit is one of the most straightforward claims there is. If you stayed in the same council area when you moved, it should have been a simple change of circumstances. Are you sure the housing officer gave you the form for the right council? (Sounds stupid, but an HA housing officer got this wrong in Sussex not so long ago!)

But also check you're getting everything you're entitled to. A client of mine has just been awarded PIP and got £3k+ arrears payment, and it paid off his rent arrears.

Any debt adviser will tell you that your rent, including arrears payments, should be your priority, and it's true (also council tax, if you have to pay some of it). Even if it means using a food bank for basics, you need to stick to your arrears agreement, and if you have to miss a week, tell them, and tell them why.

If you have other debt, it's worth seeing the CAB about that, too. There are all sorts of debt remedies, including one that writes off all debt if debts are between £5k and £20k.

With regard to the care plan business, when children's services can see that you're taking steps to address your difficulties, they'll be fine. They may even be able to liaise with the district council, or have a team that can help you sort out the muck & fuddle you've got into.

I bloody wish you were in my neck of the woods, I'd be able to refer you to just the perfect service to help you sort this out. Suffolk may be able to refer you to something similar:

www.suffolk.gov.uk/adult-social-care-and-health/housing-help-and-support/

If they do, and the Suffolk project is half as good as the one I used to work for, they'll be exactly what you need. When you speak to children's services, ask them about getting a referral.

Good luck, and pm me if you feel you need to,

PookieDo · 01/08/2019 21:01

I don’t think it’s helpful for OP to keep applying for something she has been denied, the council housing benefit department have not made an error and have no obligation to back date this further. DHP is discretionary

The issue is the HA did not submit the HB form and then they did not collect any rent for 2 years, resulting in an eviction notice. You do need to complain to the HA formally but the ombudsman May be able to help too. Try them all!

If they are no longer evicting you then you need to focus on reducing the overpayments

PookieDo · 01/08/2019 21:01

*repayments

AngelasAshes · 01/08/2019 21:11

“A client of mine has just been awarded PIP and got £3k+ arrears payment, and it paid off his rent arrears. ”

I agree you should apply for PIP. It is not means tested but based on your disabilities and how they affect daily tasks. However, my PIP took a year from application to tribunal approval to get. I too had a large back payment because it took so long to approve. Even if it is approved straightaways, I think it’s at least a four month process. Just something to keep in mind that it’s good but not a fast option.

LakieLady · 01/08/2019 21:11

The issue is the HA did not submit the HB form and then they did not collect any rent for 2 years

Do we know that? I haven't seen it confirmed, but I concede that I have been skimreading and have had lots of distractions, so I could have overlooked it.

OP, were you on ESA when you moved to this property? I know DWP tell councils when a claim is closed, so HB can close the HB claim. I wonder if they might also tell councils when a claimant moves, and that the claim was closed by mistake? I know someone who would know if this is feasible, but won't be able to speak to them until Tuesday.

If it turned out that the original claim was closed incorrectly, then they should put it right and pay what would have been paid had they not fucked it up*

*this is a technical benefit adviser term, so doesn't count as swearing. Grin

PookieDo · 01/08/2019 21:15

@LakieLady

Yes she said there was no claim ever put in for HB and no rent was collected. She only found this out when she was sent a section 8 and a rent statement 2 years after moving in (plus council tax arrears). The claim doesn’t seem to have been put in in the first place hence why they will not backdate - they never received it. They are now paying her full HB but she has arrears

Wellandtrulyoutnumbered · 01/08/2019 21:16

If she gets Severe disability premium she must be getting PIP or DLA......

Wellandtrulyoutnumbered · 01/08/2019 21:18

Personally I would push the HA for a debt write off. Follow the complaints procedure. They didn't pass on your claim, you had no notification of rent arrears and no reason to think it wasn't being paid direct.

AngelasAshes · 01/08/2019 21:18

OP- you are quite welcome. Xx

WhatNow1993 · 01/08/2019 21:20

Sorry just sorting the children

OP posts:
WhatNow1993 · 01/08/2019 21:21

Yes I receive pip, sorry struggling to get all the info down and keep up

OP posts:
AngelasAshes · 01/08/2019 21:23

There is also the council tax reduction if you are disabled.....make sure you apply for that if you haven’t already.

AngelasAshes · 01/08/2019 21:24

Council might owe you money if you haven’t been getting the reduction.....

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