Landlord problems

[DavePlymouth]

Hello.

Me and my partner have been living in a private rented flat for nearly thirteen years and up until six years ago the problems started. I was registered disabled and unfit for work whilst my partner has always been a carer for her autistic son. We tried contacting the landlord to put me on the tenancy due to the change in incomes but he has ignored every request. Since both of us are now on Universal Credit we need the tenancy agreement so we can claim housing benefit. He's also stopped taking rent for about four years which doesn't help as we still have to pay full council tax as well as utilities. Our ceiling in our son's room started to crack about the same time and the landlord turned up to look at it. He then arranged for a workman to pull 70% of it down without an asbestos check. We then had to clean up the debris as the workman never returned. It's been left like this up to now. We have black mold infections in the front room ceiling. Leaky plumbing. Windows that won't open at all creating fire hazards. The kitchen is falling apart as we were never given a new one, although we were promised eight years ago. Concrete steps in the hallway as we've never been given carpeting.

I realise some of the things can be fixed by us but we don't know where we stand? He could just be racking up arrears and then throw us on the streets. It's almost like we've been left to rot.

I've had two strokes over the last four years from stress so it's a bad situation.

I just wondered where we stood legally as our council tax is now in arrears and we barely feed ourselves having to purchase near by date goods from food charities. Sorry to sound like such a victim but it's been so long now.

Thank you

You haven't paid rent for 4 years?

Contact the private rental officer at the council, They can assess your situation and contact ll for repairs, taking legal action if needs be. Would it be better to apply for social housing?

Why weren't you both on the the tenancy when you both moved in?

What do you mean he stopped "taking rent" 4 years ago? I rent and it's my responsibility to pay, my landlord can't just stop taking it unless he did something like transferred it back into my account. How did he stop accepting it from your partner? It so you mean she stopped paying? And I'm saying she because if she's the only person who signed that tenancy then it's her responsibility to pay it.

Id try and speak to someone like citizens advice to be honest. I had a friend who only had her name in the tenancy agreement but they claimed UC as a couple and didn't have any problems but it was her home first as a single mum and then when her boyfriend moved in she updated claim and there was no need to have the tenancy agreement changed to add him on it.

If you've been correctly claiming as a couple the whole time you've been together why the need to be added to a tenancy agreement now? Is it your partner, the person who is on the tenancy agreement who started the claim for housing costs?

I just typed a big response and my phone froze deleting everything so I'll try again. I failed to mention I moved in eight years ago and my partner had already been there for five hence her being the sole name on the tenancy. I was working part time in security but after four years was written off due to diabetic leg ulcers, hypertension and lower back atrophy. I was then put on PIP and that's when we applied for Universal Credit. Once we had the interview they stated we both need to go on a new tenancy agreement before we could get help with the rent and council tax but after repeated emails, texts (which we've saved) and face to face talks (very rare as he barely visits) we've yet to get one. So after a few months we started getting council tax bills for the full payment which we queried and they told us no rent was being paid by the benefits department. That's why we never paid ourselves because it directly went to him. We can't pay what we don't get.

Thanks for the advice Liz. We're gonna get on the case.

So the landlord is getting the rent directly?

So you thought the rent was bring paid by hb direct to ll? Yet he has never chased you for it in 4 years? Shelter might be a useful source of help too.

It was being paid by HB but once we'd both applied for UC it paused until they received a tenancy agreement which we've tried to get. I know it sounds rosy not paying rent but we only had an income of 1200 a month combining every benefit. That paid for full council tax, water, gas and electric. None of us smoke or drink. I cannot work again after 37 years of working so it's frustrating for me. I really wanted advice rather than preconceived judgement. I'm literally baring all.

Yes she was via my partners housing benefit when she lived alone.

No it's supposed to be through Housing Benefit.

Op you really need to contact Shelter and Citizens Advice Bureau. You and your partner are in an incredibly vulnerable position.

Between pip child benefit carers uc and dla for the child how were you 'only' getting 1200 per month?

Council tax rebate has to be claimed via the council not uc

I'm not sure your benefits are correct it should be more than 1200 with carers premiums etc and pip/dla on top

Have a look at entitledto to calculate what you should be getting

Firstly by claiming for universal credit the housing benefit will have been ended as you get your housing costs via universal credit so for 4 years there has been no rent paid to the landlord and I’m shocked they haven’t chased this, however this now means you are in at least 4 years of rent arrears and the landlord at any time could take you to court under a section 8 and evict you quicker than a section 21 and the local authority may look on it that you have made yourselves intentionally homeless as you have made no effort to pay the rent- so you need to get a joint tenancy immediately or seek legal advice- however I am unsure why universal credit would need a tenancy agreement in both peoples names- if you are claiming as a couple and only one person on the tenancy so long as the landlord is aware that is perfectly legal- you could have added them as an additional occupier and this whilst giving them no rights or responsibilities means that he is living in the property legally.

I would personally sort the issue with rent before approaching environmental health because it sounds as if there will be a long list of things needing doing and the landlord will probably just evict you as it sounds like it is likely to cost a substantial amount of money.

You don’t have to be joint tenants on the tenancy to get housing costs on UC at all. Just one of you is sufficient. However when you report the costs you need to put “1” in number of tenants.

If you put 2 tenants in they will expect you to both be on the tenancy. However you aren’t. I uou it 1.

A landlord wouldn’t necessarily want to add another person onto a tenancy for a number of reasons. The main one being it starts the assured short hold tenancy again- and the landlord would have to wait at least 4 months (2 months before end assuming a standard six month term) before they give notice if they wanted to end it.

I don’t understand what you are saying about council tax. That’s your bill and nothing to do with landlord….. although you need to apply for council tax support.

Also don’t call it housing benefit - it’s housing element in UC. Housing benefit is paid by local council and sometimes direct to landlord.

When did you claim UC. What do you put on your claim? Jobcentre should have sorted this out tbh. If they have really said you both have to be joint tenants to get housing costs please complain

So you’ve had no housing costs on your universal credit for 4 years and your landlord has done nothing about eviction?!

That’s just either ridiculous or not true. Why haven’t you gone to CAB before now.

You have a tenancy agreement?

Report the change now via your journal. Put a journal note in that you have been misdirected by jobcentre staff. I really can’t imagine a decision maker will allow 4 years of arrears if you were actually misdirected because you haven’t challenged jobcentre since - You need proper support being given to you by your MP/Cab etc.

Your council tax bill is yours to pay. You should have applied for council tax support. Do that now.