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UC think my tenancy agreement is fraudulent/contrived. Advice please

113 replies

Tenancyproblems · 03/05/2023 19:18

I have just moved in to a privately rented property. I do not know the landlord personally and had never spoken to them before in my life until I applied to the advert on the open rent website.

I receive (atleast I did) the housing element of universal credit to help me to pay my rent.

When I moved in I uploaded the tenancy agreement on my UC portal as advised. They came back to me and said I need to provide evidence of my address and housing costs.

I was confused as the rent etc is all detailed in the tenancy however the landlord promptly wrote me a signed letter addressed to me at the new place FAO universal credit with the required details to support my claim.

Somebody called me the next day to clarify a few points (making sure I don't know the landlord personally, asking who else lives with me etc)

I answered honestly and UC said they'd get back to me shortly with a decision on my housing costs. That decision came back and the verdict was they would not be paying my housing costs. A generic letter was put up on my UC portal saying I hadn't provided enough evidence to satisfy them that I lived where I said I live and haven't shown evidence of housing costs(??)

Confused, I called them pretty upset and said I don't know what's going on here but I've done everything asked of me. The UC representative was sympathetic and said she would escalate it to a manager who would look at the claim.

Days later I check my UC portal and the decision has come back exactly the same. I'm entitled to my personal entitlement but no housing costs.

I contact them again, and again, and eventually they make an appointment for me to take my documents (IE tenancy etc) to be verified at my local job centre - that appointment was today.

I arrive there at 1pm with my tenancy agreement and some new documents I've been able to collect (a council headed letter regarding my children's school meals, more paperwork from the energy company) and before I've even sat down the advisor tells me that it's already gone above his head and the decision maker has rejected the housing element of my claim.

I'm completely baffled by this point and ask him what the problem is. He said there was several things "the decision makers" weren't happy with, a spelling mistake of the landlords name was one thing he mentioned but he offered no further context. He went on to say that during lockdown they saw a huge influx of fraudulent / contrived claims and now they leave no stone left unturned. He asked whether I could provide anything else. I said well no I've only been here just over a week I don't have anything else.

I'm then reminded of the tenancy deposit protection scheme and he asked whether I could provide the certificate for that. I was able to and said of course. He added a "to do" task for me on my journal which was exactly the same "to do" as I've done three times now (uploading the same documents) and said I could ask for a mandatory reconsideration and I'm now at the mercy of the same decision maker again I think.

If they reject it again I won't be able to remain here as I can't afford to.

I don't know what's going on here. I don't know the landlord personally. I'm not trying to defraud anybody of anything. I'm a lone parent who has never had any issues with the housing element of UC and now I may be at risk of homelessness.

Landlord is equally as dumbfounded. We are both completely genuine.

What on earth am I going to do?

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bluejelly · 03/05/2023 19:20

That sounds a nightmare. Can you ask the Citizens Advice Bureau for help? (It's free)

EasterBreak · 03/05/2023 19:23

Citizens Advice or your local advice centre will sort it out.

Tenancyproblems · 03/05/2023 19:27

Further consideration - this afternoon i have noted a discrepancy in the paperwork between the address I gave them for the landlord and the address the landlord put in the tenancy.

At the risk of being somewhat outing, the landlord owns multiple pubs and lives above one full time. When collecting my keys I went to meet them at pub "A" and I assumed that was the pub the landlord lives above but I was mistaken as its the other one.

I have explained this in the UC journal but they won't give me any feedback as to whether that's the problem, or what is.

Its all very confusing and I'm getting pretty worried.

There's no doubt cast on any part of my claim beyond the housing element at this property.

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Tenancyproblems · 03/05/2023 19:30

Citizens advice - great idea. I'll get on to them tomorrow. I really hope they can help me.

Its shocking that genuine claimants are paying the price for the fraudsters. I've no idea what I'll do if the mandatory reconsideration comes back with the same decision. I'll lose this place for sure and have nowhere else to go. No family just me and the kids.

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lanbro · 03/05/2023 19:36

They are useless, mine was rejected initially because they said I live in supported housing, despite my tenancy agreement very clearly showing a private let. I hounded them, every day until they okayed it and deposited the correct amount in my bank. Keep hounding them, they are wrong and you are entitled to that help!

Toomanylatenightprogs · 03/05/2023 19:37

I’d have thought UC have to give you a reason why they’ve rejected your claim.
Take your tenancy agreement to CAB for advice.
Contact your local councillor for their help. Just Google who is my local councillor xxx council.
Email your MP.
Contact Shelter for help.
Hope you get it sorted.

Tenancyproblems · 03/05/2023 19:41

Thank you!

Its shit, but also reassuring, to know that I'm not the only one who has had problems with the housing part of UC.

As far as I was aware they are supposed to give you an explanation but one isn't forthcoming, just the generic letter saying you haven't provided enough evidence of where you live / housing costs etc.

Attached to that letter is a feedback section on the website that they are supposed to fill in, explaining the reason for the decision.

They entered one single full stop " . " and I could see that my uploaded files (evidence) had been deleted!

I've put an enormous note on the journal today saying I'm incredibly upset about this and they are making a massive error on their side. They haven't even attempted to contact the landlord who would be more than happy to provide whatever requested.

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SouthCountryGirl · 03/05/2023 19:41

Can you ask for a callback from a decision maker?

YellowAndGreenToBeSeen · 03/05/2023 19:44

Contact Shelter too - they’ll be able to advise.

Tenancyproblems · 03/05/2023 19:45

This is the rubbish I'm getting back from them when I press them for feedback and an explanation, just this generic letter and a message on the journal saying that the letter explains the reason. I'm so stressed out 😔

UC think my tenancy agreement is fraudulent/contrived. Advice please
UC think my tenancy agreement is fraudulent/contrived. Advice please
UC think my tenancy agreement is fraudulent/contrived. Advice please
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Tenancyproblems · 03/05/2023 19:47

Twice I've asked that the decision maker call me or at the very least be available to discuss the issues via the UC journal portal. They won't speak to me at all and I've no idea what their name is so can't try to get in touch with them by calling.

Shelter - noted, thank you!

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OhwhyOY · 03/05/2023 19:48

OP write an email to your MP and ask for urgent help. Explain the situation and I'm sure they will support you in dealing with the UC people.

Startyabastard · 03/05/2023 19:51

Bastards. I've had similar and can empathise. Sorry no advice xxx

Tenancyproblems · 03/05/2023 19:53

Startyabastard · 03/05/2023 19:51

Bastards. I've had similar and can empathise. Sorry no advice xxx

Can I ask what happened in your case? Was it eventually rectified?

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Tenancyproblems · 03/05/2023 19:54

I'm just going to try and find an email contact for my local MP, thank you!

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lashy · 03/05/2023 19:56

Odd that the landlord would spell their own name with an error in it. I can understand why that might potentially ring alarm bells, but suspect there must be more than that alone that does not tally. Quite possibly the Tenancy Agreement has not been completed correctly by the landlord (happens surprisingly often).

Regarding a Mandatory Reconsideration - it would be carried out by a different Decision Maker (otherwise could be bias, or perceived to be bias if the original decision is upheld).

Pixiedust1234 · 03/05/2023 19:57

I would definitely try Shelter or CAB.

I notice they have emboldened the word "all" conditions. What evidence do you need for payment and liability conditions? I assume the occupation condition evidence is the tenancy agreement.

Tenancyproblems · 03/05/2023 20:17

I've just sent a lengthy email to my local M.P

The most recent decision, IE housing costs rejected, was the decision yes. I have asked for a mandatory reconsideration today. It's encouraging to know it'll go to a different decision maker.

If this mandatory reconsideration is rejected is that the end of the road or can I continue to appeal against the decision?

What evidence do you need for payment and liability conditions? I assume the occupation condition evidence is the tenancy agreement.

Payment liability conditions - proof of how much the rent is, how often it's due and how its paid. All of that information is available within the tenancy agreement but I've provided an additional letter from the landlord reiterating all of those points.

The advisor in the job centre today said "with all due respect anybody could go and type up a letter and tenancy agreement and say its legitimate"

I mean sure, they certainly could, but I'm a genuine claimant and that's a genuine AST.

I really really hope the deposit protection scheme certificate tips the balance.

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Tenancyproblems · 03/05/2023 20:20

Also, I have asked them several times on the journal to tell me what it is they actually want me to provide that I'm not providing but they just won't do it. They won't give me any context, instructions, anything, just repeating the same rubbish and then rejecting my evidence.

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Mydcchangedmyusername · 03/05/2023 20:40

As someone said, the landlord not filling the paper correctly must have cuased a problem. It could be that the landlord is not 100% genuine in some way and that's blowing back on you, with them thinking you're in on it. They wouldn't really tell you exactly what they've found because they often don't want that person to then go and rectify their ways in order to get away with it (if the person is being shady, that is).

I'm sorry that you're going through this though with dc. It must be really distressing. I hope they sort you out so you and the dc can settle in.

Tenancyproblems · 03/05/2023 20:50

Mydcchangedmyusername · 03/05/2023 20:40

As someone said, the landlord not filling the paper correctly must have cuased a problem. It could be that the landlord is not 100% genuine in some way and that's blowing back on you, with them thinking you're in on it. They wouldn't really tell you exactly what they've found because they often don't want that person to then go and rectify their ways in order to get away with it (if the person is being shady, that is).

I'm sorry that you're going through this though with dc. It must be really distressing. I hope they sort you out so you and the dc can settle in.

Gosh I really hope there is nothing to worry about on the landlords side. If there is then it's way beyond my control isn't it. I'll be screwed.

The property is the landlords former home, then it was rented out to tenants previous to me. Previous tenant was here for 6 years with no problems so I'm told.

She moved on and the next applicant who applied to live here was refused for universal credit so that fell through and the property was advertised again - to which I applied.

I wonder if the clue lies in the fact the other applicant was refused for UC? I dont know any further details as to why they couldn't get it. I wonder if they had the same problem as me!

Landlord seems completely genuine to me. Everything done above board. All gas safety checks etc completed and given to me. Deposit protected. Very down to earth, helpful, wanted everything done above board.

I have no idea what the problem may be but now you've mentioned it, maybe there is something they've found and are holding back from telling me because I know I haven't done anything wrong 😐

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FuckNuggets · 03/05/2023 20:52

It's things like this that put me off applying for UC. I'm currently still getting tax credits, but I'd be about £80 per week better off on UC. I'd rather have less money and know for certain I'm getting paid every week than be at the mercy of some jumped-up little jobsworth.

Babyroobs · 03/05/2023 20:53

Mydcchangedmyusername · 03/05/2023 20:40

As someone said, the landlord not filling the paper correctly must have cuased a problem. It could be that the landlord is not 100% genuine in some way and that's blowing back on you, with them thinking you're in on it. They wouldn't really tell you exactly what they've found because they often don't want that person to then go and rectify their ways in order to get away with it (if the person is being shady, that is).

I'm sorry that you're going through this though with dc. It must be really distressing. I hope they sort you out so you and the dc can settle in.

This.

Tenancyproblems · 03/05/2023 20:55

FuckNuggets · 03/05/2023 20:52

It's things like this that put me off applying for UC. I'm currently still getting tax credits, but I'd be about £80 per week better off on UC. I'd rather have less money and know for certain I'm getting paid every week than be at the mercy of some jumped-up little jobsworth.

It has been a very stressful week for sure. I will say though, this aside, I've never had any other problems with UC whatsoever and I've been under them for a good few years now. This is the first time anything has ever gone wrong for me so don't let that discourage you from switching if you'll be better off

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