Moving on Tues, Housing benefit application accepted, landlady just cancelled tenancy. What do I do, pls?

[firstchoice]

I have been arranging the rental of a flat (previously used for holiday lettings).
I originally informed the landlady I would be on benefits but should be able to arrange a guarantor.
It has dragged on a bit. Landlady abroad all summer.
It then became clear I was going to struggle to get a guarantor.
Landlady not thrilled (understandably) but said to 'press on' anyway.

She sent me a signed witnessed Short Assured Contract for me to sign last week.
I did so and went to Council, gave them copy, and all paperwork for Housing Benefit and HB granted and due to start on Tues (Moving Day). Also did a 'change of circs' re my benefits (separating from H). Kids due to change school on Weds too. Moving Scotland to England. So a lot of upheaval. Separation, over Border, New schools, new home - the lot!

Yesterday, landlady said she didn't feel secure enough without guarantor and wishes to terminate our agreement. I have offered to try to arrange a family member to provide a guarantor letter / credit checks before Tues but she says, no, time was of essence, and it's too late.

What do I do please?
Am devastated.
Also, how do I stop the HB and the Benefits changes????
Will I be in trouble if they start paying me and I've not been able to move in?

Sorry X-post.

I'm sure they can help you. They are very very good. Just be sure to explain it is an English contract!

I will thanks, becca

I posed on landlordzone but only 1 reply so far and it was someone outraged that 'the council would pay a woman to leave her husband'

Off to bed now otherwise the kids will be up soon....

Ha. Go into the bit where its the landlords talking. They're normally really good. Ignore the rest of it.

I'm on the 'Residential Lettings' bit???

should I be elsewhere, do you think, dancing ?

Oh just had a look, its all changed since I last used it. You'll prob get more replies tomorrow but I'd also repost in the commercial property bit.

I'm going to ask for this to be moved to Legal too.

thank you

dancing cornflakes noidea shallan queen disgrace Becca mrstuppence rainbow

I will call Shelter over weekend and get to HB on Monday.

Just cant believe the mess it leaves me in if she wont go ahead.

This is the email I was going to send:

does it look okay???

The Shelter helpline is closed at weekends.
Cant get to Council till tomorrow.
HB starts Tues, when I was supposed to get the keys!

Don't know whether to send this today, or tomorrow when I've spoken to Shelter etc???

The position has clearly changed now, that, guarantor or not, you feel the contract has not been dealt with in a timely manner.

I acknowledge that timescales were running tight but I did not receive the actual contract until 21 August and I have dealt with this in as speedy a way as circumstances would allow, and kept you updated as I was updated (which was slower than either of us would have liked).

I am very sad indeed that you feel we cannot progress and that 'the matter is closed'.

The immediate problem is that Housing Benefit IS granted for this property and will begin on Tuesday, according to the Contract.

I cannot receive benefits for a place I cannot live in and I do not want to get into any trouble.

I also have to change all my other benefits back again (will take weeks).

Much more upsettingly, I have to tell the children and the school we cannot take up their school places.

I certainly don't want any difficulty about this but I am worried that things have been set in motion, and what happens now?

I will seek advice from the Council, and Shelter, on Monday, and let you know.

According to england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline the phone line is open today - as it is in England then that is more useful . I'm not sure what your email is trying to say . tbh I think you'd be better stating that you are committed to taking on the let and paying the rent in full, having put measures in place to receive HB (offer her the letter as proof) as of Tuesday and made school arrangements for the children so are confused as to why she is withdrawing at this late stage. Has the contract signed by you been returned to her, I don't think it is legally binding until you have ? Realistically how many weeks of the next 6 months are going to be booked for holidays anyway

Don't bother trying to placate her, or even address the question of the timeliness of signing, it's irrelevant.

I would say:

There is no contractual requirement to have a guarantor. You have signed the contract and so have I. As far as the authorities are concerned (HB, school) I will be taking possession of the property on Tuesday and my children are registered to enrol in school on Wednesday.

You will be aware that there is no provision for you to serve notice to me during the first six months of an assured shorthold tenancy. However, given the level of unpleasantness I am willing to consider breaking the tenancy as soon as I am able to find somewhere new to live, move housing benefit, etc. This may take some time.

I will present at the flat as agreed on Tuesday.

Is that the email you were going to send her?

None of the things you list are her problem.

You feel sad, you are worried about paperwork at the council, you will have a lot of hassle and trouble.

Yes, of course those are the things you're feeling most strongly, but the letter to her has to be about the things that affect her.

I'm not sure what result you actually want, but if it's to take up the house after this initial bump, then maybe reply along the lines of "I'm sorry you feel that way, but we have signed a contract now. I will be seeking advice on Monday morning, but hope we can resolve this productively."

The "not dealt with in a timely manner" is a red herring - she had to say something! It's not a valid reason to change arrangements, and I wouldn't engage with it as such.

DON'T PANIC about the housing benefit. I'm sure they will turn on a sixpence to STOP paying you (unlike starting paying you!), and if there is an overpayment, you can put it aside and repay.

Also, a thing to discuss with Shelter is whether to let the HB start anyway for a week or two while this is resolved, if you think this may end up in the house, as repaying may be less likely to go wrong than starting and stopping and then trying to get a back payment. You do, after all have contract from Tuesday that you will have to pay rent on.

Loads of good luck for Monday.

I found your draft email a bit confusing, you need to stick to your guns and be very clear.

Dear Landlady,

The tenancy agreement has been signed and dated. It is legally binding on both of us.

There is no requirement in the tenancy agreement for me to provide a guarantor.

I will arrive at the property on Tuesday to collect the keys and take up occupation of the property as set out in the tenancy agreement.

If you do not allow me to move in on Tuesday, I will be taking legal advice on my claim against you for breach of contract. You should be aware that I would be claiming for costs including (without limitation) my moving costs, any costs associated with switching housing benefit or my children's schooling to a new property, [any other costs you can think of], as well as the obvious inconvenience.

Regards,

Actually, maybe close with

Please confirm that you or your representative will be at the property at [whatever time you've agreed] on Tuesday to hand over the keys.

Thank you!

Yes, see my email is a bit wishy washy.

Havent sent it to landlord yet.

Landlord sent signed and witnessed copy of Tenancy to me to sign.
I did so.
Gave it in to HB.
Have not yet returned it yet as was agreed to do so in person on Tues.

There are no holiday bookings in as there was a 6m tenancy due to start.

Landlord did say something about their 'Plan B' when I spoke on Thursday however, so it wouldn't surprise me if bookings now being taken.

agree with Shallan's version . All you need to do is reiterate that you have the means to pay and will arrive on Tuesday with signed contract as agreed.

My child has ASD.
I don't think I can put him through the uncertainty.
Or a move, then maybe a move a couple of months later.

I don't know how I would quantify costs.
I think if I went down that route I would be waving goodbye to moving to this village as she is a (long distance) King Pin and knows GP / school govorners etc

but isn't he already going through the uncertainty of whether he can move house/school or not ? Send the email , if she has no intention of letting you in on Tuesday she will soon say so. She may still let to you short term while you look for something more permanent, or it may simply be a misunderstanding of your commitment as delays have occurred, you have nothing to lose. Or are you looking for an excuse to bottle out of moving again because this seems difficult, I seem to recall you have got close before and stayed put. If she lives abroad much of the time she may not be so important locally as you think.

I think shallons email is perfect - concise and to the point.

I also think Lizs has made some great points. Your ds will have upheaval anyway, at least this way you have a clean break, great new schools and a chance to show the landlady that you are a good and reliable tenant.

Legally she is contractually obliged to lease this property to you, in your shoes I would be forcing this to fruition or taking legal action against her.

LIZS
no, I am not 'looking for an excuse to bottle out of moving again because this seems so difficult'.

It IS difficult.
I have an H who cant' / wont stand guarantor and it is very hard to find private rental without a guarantor.
There is no accommodation other than private available, unless you are in a DV situation which I am not.

I cant sell my bloody house.
I cant rent it and get H to agree to take a joint rental either.

I thought this would be okay.

Child is not expecting to move next week as I didn't want to say anything until it was all signed and sealed.
I did dither and was nervous as I cannot claim ESA until I am actually moved in.

If I move in and find I do not have the benefits I am expecting, I cannot pay, and then I might have to move the kids back, which would no doubt trigger problems for us which I wish to avoid.

I have to go out for a bit but will check back in later.

but it might still be ok . ll may simply think you are being deliberately awkward and delaying, not full aware of the bureaucracies involved. You are so nearly there. Reassure her as per the email and it may yet go ahead as planned. Will h be paying maintenance ?

I sent LL a list of all the benefits I am getting and told them all certain (already granted), but the ESA wont be 'on paper' until I actually move in.

It lists out as about £1200 pcm (inc ESA), plus most of rent will be paid by HB plus all Council Tax.

Not good enough, apparently, and LL says I 'cant afford it'.
Rent is £600 pcm, CT band A. usual utilities, nothing exotic.
I wont need a car there and can walk to school
I reckon I can afford it, even before I get work.

I know, I am SO nearly there.
The need to go is greater than ever.

But I'm not sure I can cope with legal battle with LL too?

You don't have to send them any financial break down!

You know you can afford it, you applied, she accepted. Contracts are signed. It's a done deal!

I know this is a really hard and anxious time for you, but you need to be strong. You are so close to this being ok, send the email that someone wrote before and see what they say. Your ll will know she has no legal leg to stand on.

You can do this!

If the LL was concerned about your ability to pay, she should have insisted on a guarantor. She didn't. Therefore until you actually default on the rent it is not her issue.

In the kindest way possible OP, I would like to hand you a grip.

Can your LL kill you and eat you? She cannot. Can she make life difficult for you in law? She cannot. Can you withstand a bit of catsbum in the pursuit of your DCs wellbeing? You can and you will.

As for the kingpin/queenbee thing: I like my opponents in the open from the word go. Makes it easier to spot their lickspittles.

Courage!

OP I would advise you to scan a copy of the signed tenancy agreement and email it to the LL with anything you have from the council, preferable a recept showing that they have receive a copy of the TA.
Tell her that has it has been signed by both parties and is a legally binding contract.

The only way either of you can end the tenancy before the end of the 6 months is if the TA is breached.
As there is nothing in the agreement about requiring a guarantor the LL can not now decide she wants one 'or else'.

What does the TA say about the payment of the rent/deposit and the collection of the keys?
When were you supposed to pay?

In your position I would send her an email with the TA and council evidence and send her the money (you need to make sure you have trackable evidence of this just in case she tries to despute it later), tell her you have done so and will be moving into the property on Tuesday, and arranged.
If she is not happy about it them she is welcome to serve you notice in 6 months when the AST ends.
If she does not agree to this then you will have no choice but to take legal action against her for breaching your contract.

I am certain that she is trying it on, she knows very well she can't do this but is hoping you don't.

The house is yours for the next 6 months as long as you pay the rent on time, don't let her intimidate you into giving it up when you don't have to.

hi. Back now. thank you for further advice.

TA says just says deposit to be paid
(she had asked for it to be paid Friday, by which time she had said 'no go')

Rent and key hand over was to be on Tues, in person.
Rent on 2nd of each month.
It was to be partly furnished.
She was to remove quite a bit of her (antique!) furniture this weekend, but to leave sofas and some beds.
I was to move my furniture in on Tues.

I am worried if it is a legally binding contract on both sides.
Will I be in trouble with HB.

I know I am repeating myself - sorry - I do this in times of stress.

I will call Shelter first thing
(have only got answerphone when I have tried this weekend?)
then I will email her.

H reacts v badly to stress and it has been a horrible horrible weekend here.
He has the week off to 'help me move' (he cant wait for us to go!) and I am dreading it, tbh.