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Legal matters

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Original poster

Can my landlord through us out?

27 replies

Ilmb · 28/01/2017 18:39

When I moved into my property 2 years the lease was put in my and my husbands name. Last year he left and I haven't told the letting agent..

Only me and my DC live here. I was working when I took it out, but I had to stop work and I'm not on income support a single in my eldest sons carer. Iv kept quiet about it as Iv checked through my agreement and it doesn't say that i have to contact them if I become in receipt of housing benefits and it doesn't say I have to tell them of any changes in the income. Had the check up last week and we discussed getting a dog and letting agent said the landlord wouldn't have a problem with it, just to let them know when we want to get one and they will amend the agreement to say no pets except new dog and that I'm to clean carpets when we leave. Now thinking about it, I will obviously have to sign this as will my ex....who doesn't live here....

Where we live there are hardly any private rentals and no one excepts you if you're on benefits. I am on councils list but have been for 7 years, we aren't a priority so aren't getting anywhere. If I tell them it's only me and the kids, can the landlord throw us out?

OP posts:

birdladyfromhomealone · 28/01/2017 20:17

I am a LL for my Mums old house we got a mortgage to do it up and the insurance would be invalid if our tenants were in receipt of benefits.
So it wouldnt be the LL who would have a problem but the mortgage company.
Lets just say your circumstances changed but you didnt tell your LL. Then the house burnt down. The mortgage insurance wouldnt pay out because you were living there fraudulently. So your LL would then sue you for the damage to the house.
Its just not worth the risk to live there under false pretences.

Original poster

Ilmb · 28/01/2017 20:26

Every other agreement I have had says in it, if anyone becomes in receipt of benefits must tell landlord, (Iv always been on benefits just not housing benefit when I took this out as my ex h moved in) but this one doesn't state it. If he throws us out I am stuffed. The council can't house us. Iv spoken to them, they've said as the agreement says nothing about telling landlord about housing benefit that he can't chuck us out.... but they aren't solicitors.. I just want to know where I stand legally, I'm happy to offer a guarantor as previously I had one and Iv never missed the rent. But me and DC would end up in emergency housing, and I can not put eldest through that as he is autistic and is already suffering due to the changes at home.

OP posts:

Original poster

Ilmb · 28/01/2017 20:36

I'd be shocked if it was mortgaged as the house was bought in auction years back and my landlord is retired owner of the letting agent if that makes sense

OP posts:

2tiredtothinkofausername · 28/01/2017 20:39

Hay I'm a housing lawyer, if your tenancy places no obligation on you to report changes in occupancy or financial details then don't worry. If you come to renew and explain its just you who wants to continue then they may check your ability to pay and may decide to not renew your tenancy. They would still need to serve notice and if you didn't move out get a court order and warrant Please don't ever walk out without new accommodation or a warrant as the council may find you intentionally homeless.

Also to be clear whilst your fixed term with them continues (however long you agreed to stay initially 12 months etc etc) there is nothing they can do unless you get in rent arrears or break some other term.

Just keep a low profile and continue to pay your rent. Maybe forget about the pet for now

Original poster

Ilmb · 28/01/2017 20:51

It's been renewed after a year (last summer) and is now on a roll on and 2 months notice on both sides.

I had decided just to leave it as I didn't have to sign anything.... they haven't asked if anything has been changed. But Iv gone back to my maiden name. Does that mean I'm commiting fraud or anything?! We are still married but I don't use myvmarried name anymore?

I'm guessing any clauses they add for a pet, ivwull have to sign won't I, but also my ex?

OP posts:

Original poster

Ilmb · 28/01/2017 20:54

And yes that's council have told me that if I was served notice that I had to stay out and wait for them to take me to court before council will even look at us. I don't want to end up in that state, I couldn't cope with the stress. There's enough for me to deal with at the moment with my eldest. There are some new builds coming but not for another 2 years! In our area houses just don't come up with the council so I don't even have a 'choice', I have to stay here ESP as I'm not working no one new will take me on. (I'm not destitute a as thankfully the DC father earns a lot so pays quite a bit of maintenance)

OP posts:

Reality16 · 28/01/2017 20:59

I'd be shocked if it was mortgaged as the house was bought in auction years back and my landlord is retired owner of the letting agent if that makes sense maybe not mortgaged but it will still be insured. You could be invalidating the LL insurance and that's really unfair to out them in that position. Potentially they could lose their property and insurance refuse a payout because of what you are doing.

2tiredtothinkofausername · 28/01/2017 21:00

If your fixed term has finished and they had doubts about your income they could serve notice on you now BUT in my experience if you're paying your rent and are not breaking any other terms then they're unlikely to look into it. Don't bother with the pet thing though as they will expect both of you to sign. Keep a low profile and stop worrying!

2tiredtothinkofausername · 28/01/2017 21:05

Bluntness100 · 28/01/2017 21:06

No one can guess, right now he has no reason to kick you out but all he needs is two months notice and he could. So play safe, abide by the rules and pay rent on time.

I've been a landlord and no I wouldn't have kicked you out for this, but I'd have had the agents keep an eye and if it looked like going down hill, I'd have thought hard about it and issued a warning if required i.e. Rent not paid or terms not adhered to, but all landlords aren't that kind and will run at the first sign of trouble,

Original poster

Ilmb · 28/01/2017 21:11

The house is in a better condition then when I moved in as Iv looked after it, repainted (with permission) and is now immaculate. When I had my inspection the other week the letting agent said 'the landlord knows you look after the house beautifully as we have told him'. Which I'm glad of.

I'm not trying to be sly or 'cheat' anyone, Iv never missed the rent and don't have parties or cause a nuisance. Don't plan on ever missing the rent, I just desperately want to keep a roof over the kids head.

OP posts:

Original poster

Ilmb · 28/01/2017 21:14

Iv just seen my awful typo in the title.

OP posts:

MidniteScribbler · 01/02/2017 01:32

Can you ask for a new lease in your name? No sane landlord is going to toss out a regular paying tenant who looks after the house, for an unknown new tenant who may not pay. If you have a good tenant, you keep them.

If they're willing to allow you a dog, they seem like a reasonable sort of person.

Original poster

Ilmb · 01/02/2017 05:57

Because when I took out the lease it was in me and my husbands name and I was working part time. He's gone, Iv had to stop work and I'm on full benefits...... landlords don't like people on benefits and if he throws us out in stuffed as no other rental will take us on and the council have nothing in our area and we would end up in emergency accommodation which I can't do as au hav an autistic child.

OP posts:

Carollocking · 01/02/2017 06:08

As long u pay the rent he'll never know will he,and if get dog just sign yourself I'm sure they won't notice or u could do a signature that can't read as a second one

Reality16 · 01/02/2017 08:25

As long u pay the rent he'll never know will he,and if get dog just sign yourself I'm sure they won't notice or u could do a signature that can't read as a second one

Just ignore that ridiculous 'advice'

PigletWasPoohsFriend · 01/02/2017 08:38

As long u pay the rent he'll never know will he,and if get dog just sign yourself I'm sure they won't notice or u could do a signature that can't read as a second one

That would be called fraud, and last time I checked, is illegal.

Saucery · 01/02/2017 08:46

He could go through the process of evicting you, yes, but why would he? You keep the property well, you have continued to pay the rent despite the change in circumstance - he'd be a fool to get rid of you on a reflex whim against people who claim benefits.
If you still want a dog then you will have to tell him there will only be your signature on the form, but seriously, I don't see why he would then evict you.

EggnogChai · 01/02/2017 08:48

I wouldn't get a dog even if you get permission, if you think your chances of getting another rental property being on HB is bad you'll make it even worse with a dog.

I would call the agents and tell them you've changed your mind.

But the rest is fine if they have a problem with insurance because of hb then they should put it in their tenancy agreement because people's circumstances change all the time.

MidniteScribbler · 01/02/2017 09:32

I wouldn't evict a good tenant paying rent and would give them a new lease.

I would evict a tenant to deliberately deceived me and invalidated my insurance.

Original poster

Ilmb · 01/02/2017 09:45

I certainly wouldn't do that, as yes it is fraud.

midnite I haven't 'deliberately deceived' the landlord. I didn't know what was going to happen with my marriage. Plus I have to keep a head over my children's roof and as Iv said, my eldest is autistic so needs routine and calm and making ourselves homeless is obviously something I want to avoid.

It definitely does not mention in my agreement that I have to notify my landlord if income changes or if we become in receipt of housing benefit as Iv tripled checked. It's the first house Iv rented that it hasn't said that. egg yes Iv been thinking the same re the dog....

OP posts:

Original poster

Ilmb · 01/02/2017 09:46

Fwiw I have spoken to the council a lot of times. They have said if my contract doesn't mention benefits then I don't have to tell him. (That is perhaps a moral issue as apposed to legal I don't know) and of course they have told me that if I'm evicted I have to stay there until the landlord takes us to court. Which obviously I don't want to do either as that isn't fair to me or the landlord.

OP posts:

TheClacksAreDown · 01/02/2017 09:55

The least risky strategy here is to give up the dog idea, don't mention the benefits and just keep your head down. And frankly I would do that.

Original poster

Ilmb · 01/02/2017 09:57

It is the least risky but I'm worried as it seems like I'm living a lie. I don't even use my married name anymore as H isn't coming back.... so I don't even know if that's fraud?!?!

OP posts:

TheClacksAreDown · 01/02/2017 11:25

Well if it bothers you that much, disclose the situation.

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