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?

NO! YOU WILL NOT BE IN TROUBLE WITH HB!

your application for hb was honest and you have been granted it. IF you don't get the keys and don't move in on tuesday (which i would be insisting on because she is the one in the wrong here) then you leave the money untouched in your account. when you then tell HB what has happened they will ask you to refund it and you will be able to do so.

send her the email that one of the posters has drafted for you further up - the one where it clearly states that you will hold her liable for all expenses accrued as a result of her breaching/unlawfully breaking the contract.

You will find that most likely she will back off and let you move in. you can then take your time to find somewhere else. she's only treating you like an idiot because she thinks you don't know any better/are a pushover......show her that you're not.

I have spoken to Shelter and they confirm what you are all saying

I have sent Shallan's email.

De-lurking to say good luck op

Good luck.

Good luck! Let us know how it goes.

All the best OP, sounds like you could really do with a fresh start.

thank you.

sorry should have said in more detail - Shelter said although there was clearly an intention to create a legal arrangement, because no money yet changed hands (it was to be done in person tomorrow when keys collected) and because no keys changed hands yet, then there is nothing I can actually do to force her to give me the keys.

I can write to her, (which I have done) I can get the Council to write to her, and I can take her to small claims for compensation if she refuses to hand over keys. BUT - I wont get legal aid as I am not going to be able to separate now (have to start all over again trying to find somewhere).

They also suggested I call HB to notify them of a problem, which I have done.

I just have to wait for a reply now.
I don't think it will be too long.

OP i am so sorry this has happened! What a nightmare. Is it possible that she will have made you unintentionally homeless by refusing to let you enter your home?

DiaDuit -

that might be worth looking into.

Shelter did suggest that I could ask about the Council's homeless policy.
But, because I currently live in the marital home, they felt it was unlikely.
Bloody hell

I have contacted the schools to let them know there may be a problem too.

Shit. Shit. Shit.

HB said: 'it happens all the time.

Really? How awful to think so many people are being treated this way.

You are still in the marital home but come 12 oclock tomorrow your contract will be in force and you have declared to all the relevant authorities that your address is the london house and that you no longer live in the marital home Your LL will surely be making you homeless by preventing access. Do ask about that.

I really hope she sees sense and just lets you in for the 6 months. If she doesnt, do take it to small claims court. Dont let her away with it. Its actually appalling that she would do this to you, especially with such little notice!

I don't have any advice op, but best of luck

Ugh what a cow!

You've had lots of good advice. You need to be strong OP and follow through on this one. She is trying to break a legal contract and does not have a leg to stand on. Yes, she could refuse to give you the keys, but then she'll have to deal with the legal ramifications, which surely will be more trouble than just letting you move in (when you're unlikely to default anyway!).

Good luck!

I have had a reply:

"Unfortunately I cannot go ahead with this tenancy for the reasons already stated. Please consider this matter closed".

I have cancelled the HB and notified the schools that there is a problem.

Need to go and collect children from school (Scotland) soon and clear my head outside.

Will be back later. x

Are you just going to leave it at that? Why did you cancel the housing benefit?

Hi DiaDuit

Cancelled HB on advice of Shelter. They told me to do it immediately, so I did.
It could be re-instated at any time however. (the paperwork came through this morning granting it, ironically enough).

No, don't want to leave it at that, but need to go collect children and look after them now till bedtime.

Will think tonight what to do next. Gutted.

are there really no other rental options in the area ?

LIZS

• probably, but I need to start from scratch? There are a LOT of holiday cottages, but they are £££ per week. Getting a monthly one, on benefits will be possible I am sure, but not necessarily quick. Saw one earlier online - might do. Waiting for call back about whether benefits acceptable.

Feel so bloody tired.
Need to cuddle my kids, get a decent nights sleep, and start again!

I am so sorry.

Please reply and say that unfortunately due to her breaching the legally binding contact between you that you now have no other option but to seek financial compensation in the small claims courts.

Even if you decide not to take it further you should def threaten it just to scare her. How bloody dare she!

I'm so sorry x

I agree with sillymillyb, you should definitely state an intention to resolve through small claims, even if you don't take it further. She's signed the friggin contract! Why on earth did she do that if she didn't intend to go through with this. She has no right to 'consider the matter closed' just because that suits her.

However, on a more practical note, you still need to get out and as soon as you can. Why do you need to move to this place that's rammed with holiday lets?

There is a simply excellent small state school there.
It is a Middle School which I think would suit ds very well.
Small and very supportive and good for SEN (suspected dyslexia / sensory issues / poss ASD).

I actually got the 'learning plan' from our rubbish school that I have been asking for since Easter today. I don't know enough to know if its rubbish but it seems flimsy to me.

There is another similar school in a slightly diff where I could also look for housing too, which would increase my chances? I would be happy with either school - either would be a huge improvement.

Think you just need to move now , short term accommodation or not , and settle your dc.

Yes, I agree, LIZS - 100%
But don't have funds without HB.
Just don't have.
No family able to lend.
Not currently working.
No savings.
Don't have it.

Thought you had a deposit ready. Could you remortgage ?

Yes. £1200. No can't remortgage.
Struggling to pay it as it is.