eviction due to rent arrears

[kitkat90]

I am in a royal mess. Background info- i live with my partnr and 22 month daughter, i work 24 hours per week doing shift work and my partner stays home with our child my rent is 550 per month which I usually pay out of my tax credits. I receive roughly £580 from wages then 80 child benefit .Basically I had a change in my circumstances on January 25th so phoned tax credits to inform them.. I am still waiting for my new claim to be processed so have not been paid since end of January and have not paid this month's rent so am now looking at being evicted from my property. I have told my estate agents I will pay as soon as I can get my tax credits but now I have a bad feeling it won't even be backdated as they asked for my payslips to prove my working hours and last month I only worked 23 hours on average (this was due to unpaid holiday taken). Where do I stand with this? What happens if I do get evicted with my child? I literally have no money. I was going to go back to full time work but seems I then wouldn't get any working tax credits. How do people manage with money? I'm really at a lose how to get out of this situation so any advice would be great! Sorry for long post

I'd ask again on the legal boards, but it's my understanding that landlords/their agents can't start eviction proceedings until you're three months behind, so if it's only one month you've missed you're in a fair position to negotiate repaying once your tax credits are sorted out. I can't say anything about that, but it would be well worth your time seeing someone at Citizen's Advice Bureau, or contacting Shelter for further info.

Watching this with interest as we're in a very similar pickle. Ours is housing benefit though rather than tax credits.

Good luck x

Thanks for advice. Just worried they won't actually backdate it and there's no way I can get that money. How do people actually manage to afford to live with a child if they earn minimum wage?! I don't know anybody else struggling like I am, don't know where I'm going wrong :(

Do you not get Housing Benefit? It seems like you should. Call Citizens' Advice and ask for a full benefit check to be sure you're getting everything you can.

That's another story! I was getting it though only 76pounds a fortnight because they overpaid me last year ( because I took on a second job and even though I showed them my payslips they didn't register it on they're system and I had no idea it was wrong) this has stopped however due to my change in circumstances with my payments from tax credits and i'm in limbo at the moment because I don't know what my income will be. Even if they start paying me the 76 a fortnight though this still only puts my monthly income at 818 without my tax credits which just isn't enough.

I would definitely call CAB tomorrow - do it ASAP as you might find there's a wait before you can get an appointment. In the meantime keep in regular contact with landlord, and be a squeaky wheel with Tax Credits. It does sound like a bit of a nightmare

eviction cannot be started until you are two months in arrears. It then takes another four months or so.

as noted your main action is to keep the landlord posted; evicting will cost you and if there is a plan in place to repay the arrears, and you have been a good tenant up to now, then it may well be cheaper for him/her to keep you.

Sorry to dive in and correct the previous posters, but the assertion that eviction proceedings cannot start for 2 or even 3 months is just wrong.
If there are arrears then the landlord can start the legal process after just 14 days. Even if there are no arrears then you can be given notice of 2 months to leave, for no reason at all.
You need to get to CAB asap, and get a housing benefit claim in based on your current circumstances and ask for it to be backdated (I think they'll do that for up to 1 month)
Even if the housing benefit end up overpaying you, you can always pay it back from the tax credits when they eventually arrive.

ok, to correct: landlord needs to give 2 month section 21 notice, subject to any fixed tenancy. If tenants then don't go, it is standard possession - accelerated possession is only if the landlord doesn't want to claim unpaid rent. Neither is a guarantee that the order will be granted.

www.gov.uk/evicting-tenants/overview

yes, if it is a rolling tenancy landlords don't need to give a reason for notice. Same as tenants don't.

Yes there are statutory processes for non payment evictions . Does your dp earn and contribute? Rent and council tax are priority debts so you should deal either asap.

Have you been in touch with the tax credit people to see what the hold up is? I'd imagine this is your first port of call, why is it a new claim? It would have been far quicker to update your circumstances. Then go to the council and fill in a form for housing benefit. You should be able to download one of these also.

it is all well and good to find out where you stand legally and what benefits you are eligible for.

But the obvious solution would be for you or your dp to get some short term and/or cash in hand work immediately to boost your financial situation so you can pay the rent arrears.

Concur with contacting CAB, Shelter & HB department ASAP. Would also suggest making contact with your Local Authority Housing Advice Department. They may be able to liaise with your landlord/letting agent and could assist in finding alternative housing if necessary.

Is it possible for you to take on extra shifts? If your DP is a full-time SAHD I assume you could work more hours if they were available.

Missed the bit about him bring sahd. I fear this is a luxury you can't afford. If you are pt then there must be opportunity for him to work and you may get tax credit for any childcare costs. Are you earning above nmw ?