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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To ask what you'd do re landlord?

81 replies

HarleyQuinn21 · 22/04/2021 15:50

Hi all,

I am posting here for traffic as I need as much advice as possible but if it needs moving to legal or something I'll ask the Mumsnet to move it but here's the situation:

My mum and dad have lived in the same property for 20 years, never missed a rent payment (apart from one time it was two days late and the landlords ex husband was peering through their window to see if they still lived there ) the house is in bad shape, damp, mold and all sorts, the landlord has never fixed these problems and actually they haven't had their gas servicing every year (they live in Spain so hasn't ever looked at the house since she left), my mum and dad just couldn't be bothered to move which is entirely their fault so not blaming the landlord for this as it was their choice to put up with a crap landlord. Well my dad died in march, he started being unwell in January and was hospitalised in February, I thought he paid January's rent so I paid February's and March and then notified the landlord that my dad had passed away and my mum would like to remain in the house (memories and all that), a week later after my dad's death she told me that she wants to sell the house and is going to give my mum notice to move out, fair enough it's her house but now she's told me in April that January's rent wasn't paid and we now owe her £900, my mum has learning difficulties and can't work, she's literally just been awarded UC and weve applied for PIP etc and on top of that she needs to save for a deposit on a new house and the landlord wants hers back and I haven't got a clue how we're going to pay it, my mum is viewing a house on Monday as landlord wants her out as soon as possible but I have no idea what to do, I can't pay it as I'm on maternity leave and have my own bills to pay - any suggestions please?

OP posts:

Londonnight · 22/04/2021 16:25

Check Shelters website they are better than citizens advice. Landlord has to give 6 months notice at the moment, and he has to issue a section 21 to do this. This can only be issued if everything is right within the law, like gas and electric checks, otherwise the eviction notice is invalid.

Also go through the council as they will give proper advice on what your mum can do and the laws evicting someone.

Original poster

HarleyQuinn21 · 22/04/2021 16:26

@RJnomore1

Ah ok so your mother is still going to have to pay rent, so the £420 for April should be getting paid now, which brings the amount owed down drastically. Or can she not afford any rent now?

We're just waiting for her UC to come through then she can pay the £420, it's the rest that's a struggle.

OP posts:

RJnomore1 · 22/04/2021 16:27

Right but it does reduce the £900 by about half now.

Also

If JANUARY wasn’t paid but your dad still recurved his pension is the money not still there to pay it? What else was it spent on?

RJnomore1 · 22/04/2021 16:28

Oh ffs sorry about typos.

Babyroobs · 22/04/2021 16:28

Maybe look at applying for discretionary housing payment through her local council, I imagine they will look at what income they had coming in back in january though. Were they not getting any housing benefit ?

acceptableinthe80sx · 22/04/2021 16:28

She's breaking the law. Legally she MUST give your mum 6 months notice to end the tenancy.

Original poster

HarleyQuinn21 · 22/04/2021 16:28

@RJnomore1

Right but it does reduce the £900 by about half now.

Also

If JANUARY wasn’t paid but your dad still recurved his pension is the money not still there to pay it? What else was it spent on?

It was spent on Feb and March, it stopped as soon as he died.

OP posts:

thereisonlyoneofme · 22/04/2021 16:30

How is your mum going to save for a new house, do you mean deposit to rent again or buy ?

Babyroobs · 22/04/2021 16:31

Can i ask has your mum applied for Bereavement support payments ( assuming she is under state pension age which I assume she is if she's claiming UC ? ). This will pay her a lump sum of £2500 and then £100 a month for 18 months. I assume they were married? She would only be able to claim if they were married.

Original poster

HarleyQuinn21 · 22/04/2021 16:31

@thereisonlyoneofme

How is your mum going to save for a new house, do you mean deposit to rent again or buy ?

Sorry I meant deposit to rent again

OP posts:

thereisonlyoneofme · 22/04/2021 16:31

Sorry I misread your post, I think you mean rent deposit !

Original poster

HarleyQuinn21 · 22/04/2021 16:31

@Babyroobs

They weren't married

OP posts:

Babyroobs · 22/04/2021 16:33

the rules on Bereavement support payment are so crap when people have been together years yet don't qualify due to not being married. Sorry op.

RJnomore1 · 22/04/2021 16:34

Ok so it actually March and April that are due I think. Is your mother not entitled to benefits from his death, potentially pension credit or anything? Might be something the CAB can look at. Alternatively she’s only going to owe one month and offer a payment plan over a period of time.

I think you want her out of there ASAP though given the repair of the property, the landlords attitude and she obviously has health issues too.

TheFlis12345 · 22/04/2021 16:34

To evict the landlord needs a section 21 order. She will not be able to get this as she is not fulfilling her legal obligations as a landlord with safety certificates. Do not pay the outstanding rent or move your mum out before getting proper advice from the council, citizens advice or shelter.

Will your mum be able to privately rent somewhere else or will she need a council property?

CuriousaboutSamphire · 22/04/2021 16:35

Stop! Sit down and read through the replies again.

Your mum doesn't have to do anything at all yet, let lone move out in a rush.

Which months rent are missing? You say January and April are owed that you paid Feb/Mar.

How has your mum been given notice?

The landlord can't issue a S21 without the legal paperwork being in place, so gas and electric safety check, any deposit that may have been taken all thos eyears ago needs to have been in a deposit scheme for at least the last 10 years.

A S21 has a 6 month time span these days.

S8 - for arrears, will be porcessed no quicker than a S21 at the moment. Both need to go to court befre they become legally binding,

Take any of this as a starting point and get some legal advice from CAB etc.

But most of all reassure yourself and your mum that there is no rush and that the landlord is not acting legally, let alone decently.

amylou8 · 22/04/2021 16:37

Your mum (or you on her behalf) should take some advice, because she holds all the cards here. Evicting someone is a long and expensive process, and the LL will be keen to avoid it. Of course the missed rent needs to be paid, but make an offer that suits your mum, and don't be pressured in into her moving out until she's found somewhere else suitable.

BullOx · 22/04/2021 16:39

To reiterate, your mum does not have to move out immediately. Plenty of good advice up thread about it.

Original poster

HarleyQuinn21 · 22/04/2021 16:40

It's difficult because I want my mum out of that house asap, the actual state of it is horrendous (the mold is bad) and the one were viewing on Monday (private rented) looks so lovely but we won't do anything without talking to citizens advice etc first, thank you so much for the advice given, it's really helpful x

OP posts:

Sinner10 · 22/04/2021 16:41

Call Shelter they will help you out and be able to advise what is best.

RJnomore1 · 22/04/2021 16:42

Good luck with it all.

CuriousaboutSamphire · 22/04/2021 16:43

@HarleyQuinn21

Good news.

If all you get from this thread is a lessened sense of rush and panic then it was well worth starting it

GreenSlide · 22/04/2021 16:47

Definitely speak to Shelter. Don't rush into paying the landlord anything, because you can guarantee she'll be keeping your mums deposit because of imaginary damage to her shit mouldy house. So your mum is going to need every penny right now for the deposit for her new house. What's the landlord going to do, evict her - she's already doing that.

MrsMoastyToasty · 22/04/2021 16:56

I'm sorry to hear about your dad.

Have a look at a benefits website like entitledto.co.uk
Check that your dm is getting all the right benefits. Maybe housing benefit and definitely 25% discount on council tax.

Woodnine · 22/04/2021 16:58

@HarleyQuinn21
It sounds as if the house is in a poor state and may not meet licensing requirements. If that’s the case your mum might be able to apply fora Rent Repayment Order, in which the landlord will have to refund some of her rent. Definitely contact shelter for advice.
england.shelter.org.uk/legal/housing_options/private_rented_accommodation/rent_repayment_orders

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