Landlord threatened to kick us out, help.

[retpally]

Hi,

Hope I'm posting in the right place.

I went online to update our tax credits today as we've moved house into a new rental property in a totally different area, I am starting a job and my child is going into nursery. System tells me I have to apply for universal credit in my area, ok fine. UC ask for my landlords contact details, rent amount etc. Me being me (a complete dick apparently) decide to inform my landlord that she may be contacted because it looks like our income qualifies us for the housing element of UC, but that it doesn't affect our rent payments, as we have our own incomes to cover that. Thought I was doing a good thing, didn't want her to see we had applied for HB and she panics or whatever.

I tried to explain tax credits to her in the email and how it was annoying I effectively had to reapply but hey ho.

Anyway she hits the roof and says she told our agent not to accept anyone with ANY kind of benefits including CTC/WTC and she's been seriously misled by us and the agent and has asked us to please leave the property at our earliest convinience.

I was never asked by the agent if we claimed CTC/WTC, I was verbally asked if we claimed HB by an agent and of course, I said no as we had absolutely no plans or need to! I had no idea this area was in UC or that HB played a part in that.

We are in a fixed term contract for 12 months with no break clause, and no mention of benefits being a contract breaking thing. I have looked through everything we've ever signed for mention of claiming any kind of benefits and can't see that we've ever signed to say that we don't claim HB or any other kind of benefits. It seems if that were indeed the case, that this is the agents error for not making clear that we may not claim any benefits. We've claimed CTC/WTC for six months now so I would've said so to the agent if that were the case, that it wasn't allowed. I'm not in the business of being dishonest, especially when it comes to having a roof over our heads.

Where do we stand?!

Here is a link to a really good document that helps LLs understand UC -
www.gov.uk/government/publications/universal-credit-and-rented-housing--2/universal-credit-and-rented-housing-guide-for-landlords

Evil bastard landlord here ( this is mn, no other kind...)

England/wales - 'Leave at your earliest convenience ' - it doesn't work like that. Landlords cant end tenancies even if there is a breach, there is a long process involving a judge and a bailiff.

From what you say there is no breach of the tenancy. If the agent has breached their contract with the landlord, not your problem.

She may have insurance and/ or mortgage issues, and you did the right thing by informing her. Chucking the toys is not the answer, this is her problem. Sensible thing is to work with you rather than throwing a strop.

Get your ducks in a row, write a letter ( write, not kiddy comms) to landlord, copy agent, stating position and confirming no breach. Get proof of posting and keep a copy.

As a backup, get informed of the section 21 process - but such a notice won't be valid until the end of the tenancy and many other things invalidate it.

What was the start date of your tenancy??

Just checking, you signed a 12 month AST??