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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?

OP posts:
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Preeeettyprettygood · 04/05/2023 19:07

Hey OP, I'm a case manager for UC, just wanted to add we are incredibly overwhelmed and swamped under with claims so journals are not getting reached as quickly as we'd like to. I would always advise to call the service centre number and ask the telephony agent to send a handover to your case manager, chances are you will get a response a hell of a lot quicker then your journal messages.

Tenancyproblems · 04/05/2023 19:36

Preeeettyprettygood · 04/05/2023 19:07

Hey OP, I'm a case manager for UC, just wanted to add we are incredibly overwhelmed and swamped under with claims so journals are not getting reached as quickly as we'd like to. I would always advise to call the service centre number and ask the telephony agent to send a handover to your case manager, chances are you will get a response a hell of a lot quicker then your journal messages.

Thank you I'll bare that in mind. Are you allowed to talk about cases like mine anonymously? I know you couldn't advise on my particular case but I was wondering if you'd ever seen something like this before and whether it was resolved in the claimants favour?

OP posts:
malpa · 04/05/2023 19:40

Is there a reason they don't make contact with the landlord personally if there is any doubt? I feel like the whole thing is on me and I feel so overwhelmed and scared that I'm going to lose my home then lose my kids as i don't have anywhere else to live 😔

I did mention in my last post that UC might contact your landlord as part of their investigation but I doubt they will bother her too much other than maybe send a form to confirm her details. Unfortunately the whole thing is on you due to it being your claim, not your landlord's.

Having said that, there is nothing stopping your landlord from involving herself and supporting your case (this is her rent money we are talking about, after all). In my situation, after waiting patiently for two months my landlord accompanied me to the council office with the relevant paperwork and asked many questions: why they thought we were lying about my claim, why it was taking so long, why she should go without rent for months, why put unnecessary stress on her tenant, etc. At the time it was a bit embarrassing but looking back I think her actions not only sped up my housing benefit decision but firmly awarded it in my/our favour - they really couldn't argue with "Hi, I'm the landlord. This is my tenant. Here is the paperwork. Why is all this taking so long?" Is it possible for your landlord to help you chase this up in a similar manner?

Thank you so much, that's really encouraging and I needed some of that as it's all got on top of me this afternoon and I've had to leave the room a few times so the children don't see me crying. I've got it stuck in my mind that I'm going to lose the flat, and then them.

It's normal to be worried about this sort of thing. Logically, having looked at this in a little more detail, you can understand their concerns. They are correct - at present they do have insufficient evidence - but we also know that you are correct and can provide the evidence required so please try not to worry. I'm sure common sense will prevail and the confusion will be rectified. Hopefully it won't even get to the appeal stage. 🙂

Just want to add: take screenshots of all your communication with the UC staff and what they have posted on your portal (even just typing a full stop in a box) so if this is taken further (an appeal, for example) you can show that you were trying everything in your power to resolve the situation while they were being vague regarding why your evidence was insufficient.

Apparently it's rather unMumsnety to give hugs but flowers are fair game, so here: 💐

Preeeettyprettygood · 04/05/2023 22:36

Tenancyproblems · 04/05/2023 19:36

Thank you I'll bare that in mind. Are you allowed to talk about cases like mine anonymously? I know you couldn't advise on my particular case but I was wondering if you'd ever seen something like this before and whether it was resolved in the claimants favour?

I personally haven't come across a case like yours, and it's usually the job of the work coaches when it's comes to housing - any further issues in regards to housing costs then usually get passed on to us. I will add as you have had a couple of comments previous to mine, when you get document feedback, once a decision has been made,the documents will show as 'deleted', we cannot keep these documents and they are usually seen in the Job centre etc but not saved electronically for data protection, so that is true. I can see that even though the feedback for your documents just contained a full stop, the imagine you posted on your journal is the electronic response for that feedback of documents be "an agent", so it seems like you had no response but it alerted you that it couldn't be verified.

I have been trying to think of where you stand here and your next steps, I do agree it needs another opinion and can again confirm you'll never be given the same decision maker and unfortunately because of the backlog of cases, we can't give a time frame but its reassuring it has been escalated. You can also ask for a written explanation by the DM. If the outcome does not work in your favour then you will have to appeal should you wish and got to tribunal, at this point it's taken out of UC's hands.

Something does sound a little sketchy, but from a CM's point of view a man recon is the best port of call.

I'd be interested on your updates of this.

I'm sorry if I don't make sense or haven't helped, I've been doing 10 hour shifts and can't function at the moment 🙈😫 I hope you get to the bottom of this

Tenancyproblems · 05/05/2023 18:13

You've been v helpful indeed thank you!

I've got hold of a full pdf doc of my bank statements downloaded on my phone showing the first month's rent and deposit transaction to the landlady.

I've also got a pdf of my first council tax bill downloaded on my phone too. The council put that on my account this eve, perhaps in the nick of time!

I've been pestering poor "Heather" at the service center and she kindly added a To Do List for me to upload them. That poor woman must be sick of the sight of my name 😂 I think, and hope, those docs will make a difference so fingers crossed the decision maker / caseworker sees them before a decision is made 🤞🤞🤞

OP posts:
Dizzywizz · 05/05/2023 20:11

Hope it all gets sorted out for you @Tenancyproblems

Tenancyproblems · 06/05/2023 12:47

Thanks Dizzy :)

OP posts:
Tenancyproblems · 09/05/2023 12:14

Update

They've changed their decision and agreed that I am entitled to the housing element. So relieved I cried!

My home is saved.

Thanks for all the advice given, no doubt it really helped :)

OP posts:
OhwhyOY · 09/05/2023 12:23

Great news! Glad the system has worked in your favour for a change:-)

Mydcchangedmyusername · 09/05/2023 13:38

Tenancyproblems · 09/05/2023 12:14

Update

They've changed their decision and agreed that I am entitled to the housing element. So relieved I cried!

My home is saved.

Thanks for all the advice given, no doubt it really helped :)

Well done! Happy for you and your children. Now you can begin to settle in and carry on with life.

LangClegsInSpace · 09/05/2023 16:10

Brilliant news! I'm so pleased for you.

bluejelly · 10/05/2023 07:36

Wonderful news! Thanks for updating too.

HappiDaze · 10/05/2023 07:44

This situation is so unfair

They really should at least pay the bloody rent whilst they sort out their incompetence

I'm so please you managed to resolve it

But equally frustrated that those that make these awkward decisions come from family money on the whole in the government with no regards as to how a normal human is supposed to survive in your circumstances

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