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Original poster

So confused re rent

178 replies

Dragonfliesdress · 10/05/2018 13:40

Letting agents are saying I am in arrears due to the council not paying my Housing Benefit to them on the due date. I have spoken to the council and they have assured me that all rent has been paid it's just that isn't not paid exactly when the landlord has on their rental agreement, they have to adjust it to make the maths work and that this is a common issue they have with landlords. Letting agent keeps requesting "rental agreement should all be our guide please request arrears paid and all future payments paid in full on the due date" and it's like I can't do that!? I've spoken to the council and they have said they can't change the days its paid etc.
This was last year. I thought it was sorted. Didn't hear a peep from her for ages. Now suddenly she's coming back to me messaging me saying "they still haven't paid on the due date and therefore you're still in arrears". She sent me this email this morning saying I have until TOMORROW to pay the balance and get council to do as they say basically. Threatening court action.

Sad
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Original poster
Dragonfliesdress · 10/05/2018 13:42

I'm so stressed, I have a toddler and now worried I'm going to be evicted over something I've no control over at all and it just seems the letting agent isn't listening to me and is refusing to adjust the rental period to factor in the dates Council pay.

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Wildlingofthewest · 10/05/2018 13:46

Do you have all of the above in writing?
If so, take all of your correspondence from the council in to your letting agents office. Sit down and talk through it. Ask what your options are. They will deal with many others who have rent being covered by HB so thethe should be able to help you in some way.

Highfever · 10/05/2018 13:47

You need to pay extra to take into account the fact that HB pay 4 weeks in arrears.

Original poster
Dragonfliesdress · 10/05/2018 13:48

I already did this last year and they said "They can take you to court if they want, it's their problem, the rent is there we just can't pay it exactly when they want it."

I have screenshotted a photo of my Council online account which shows the next due date, she isn't happy as that's "not when the rent is due" but it's because their periods are different and I don't know how else to explain to her

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Original poster
Dragonfliesdress · 10/05/2018 13:49

She says she has taken 4 weeks arrears into account and that's fine, but that despite that the council aren't paying rent on the due date she has written on her claendar. It's not about the 4 weeks

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Highfever · 10/05/2018 13:50

So say rent is 600pcm You pay 200 on rental due date. You are in arrears by £400. HB may then pay £400 . It's 4wks late. You then pay again £200 you are still in arrears. Finally HB pay again still in arrears. As it is 4 weekly the point it's paid in the month changes.

Highfever · 10/05/2018 13:52

You need to get your rent account in a position so that when the rent is paid it's covering future rent. Ie pay more yourself now so you aren't constantly in arrears.

Wildlingofthewest · 10/05/2018 13:54

Yeah, you need to top you rent account up so that it’s always in credit, so that there’s isn’t a gap then between the full amount being taken for rent and then the HB going in.

Original poster
Dragonfliesdress · 10/05/2018 13:57

I cannot afford to do that. All my rent is paid in full. Rent is £700 plus a month and I'm on full benefits and desabled. Never been a problem under the same landlord in previous council - only once we moved to another one of his properties with this new letting agent

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Original poster
Dragonfliesdress · 10/05/2018 13:58

And they took me on knowing that I was on full benefits and full HB and all the rest of it. My council have said we will go to court if they want etc... V stressful and I'm currently waiting for psychotherapy it's just too much

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ivykaty44 · 10/05/2018 13:59

Pay a bit extra every week into rent account, that way eventually the rent will always be in credit

Tbh you need to do this anyway to prepare for UC coming in later this year

So pay an extra £10 per week rent and tell the letting agent that’s what you are going to do to address the issue

Original poster
Dragonfliesdress · 10/05/2018 14:02

But that's only 40? I would still be in arrears. Nobody ever explained this to me, and the council are saying that she needs to adjust the rental periods to reflect their payments not the other way around Confused

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Highfever · 10/05/2018 14:02

I appreciate that but they didn't take you on agreeing to receive rent 4 weekly in arrears. Also bear in mind it's 4 weekly not monthly so more arrears accrue.

Original poster
Dragonfliesdress · 10/05/2018 14:03

Because when I go council they tell me I don't need to do anything and that I'm not in arrears even though I show them my rent statement

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Original poster
Dragonfliesdress · 10/05/2018 14:05

Landlord didn't have issue with this in previous property. I have just fired off some emails to landlord and hopefully he can sort this out as wasn't an issur before and last year he seemed to understand what I was saying and said he would speak to this letting agent lady, but I guess that never happened?

Landlord is trying to distance himself because he never had a LA before, we dealt with them only

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Original poster
Dragonfliesdress · 10/05/2018 14:07

*him only.

Plus she has given me until tomorrow to pay all rent arrears. How? Shock

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Original poster
Dragonfliesdress · 10/05/2018 14:08

She said it's not about the 4 week arrears - she has taken them into account and it's not a problem. She says it's them not paying on the due date and paying the correct amount but not at the right time , I think it's out by 2 weeks

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Bombardier25966 · 10/05/2018 14:15

I think it's out by 2 weeks

You must understand that it's not acceptable to pay your rent two weeks late every month?

The council don't have any say in what is acceptable to the landlord, it's nothing to do with them.

Original poster
Dragonfliesdress · 10/05/2018 14:19

The landlord has always had rent paid this way by me as I've always been on HB and that's the way it's been, it is this particular woman at the LA who keeps emailing me about this, and the last time when I got the landlord involved she stopped messaging me... Confused she seems to just run my account t through randomly every now and again, and send of a blanket "rent arrears" notice despite landlords OK previously

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Original poster
Dragonfliesdress · 10/05/2018 14:20

I don't know why the council are saying to me to let them take me to court as they can provide their own statements showing paid rent Sad

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Bombardier25966 · 10/05/2018 14:34

You're not getting this. What the council say is irrelevant, whether the landlord has let it go in the past is irrelevant, they now want you to stick to your contract. Ask the landlord if they can review the contractual payment date, they may do that to help you, but ultimately paying the rent on time is your responsibility, no one else's.

WhenEnoughIsEnough · 10/05/2018 14:37

Could you have the benefit paid directly to you. I think if you have it paid to you then they pay ot fortnightly (they do in my area) it would be easier to budget for and hopefully be able to pay your rent on time.

Original poster
Dragonfliesdress · 10/05/2018 14:40

The landlord wasn't even aware she had sent me this emails by the sound of it. I cannot afford to pay what she is asking, all my rent is supposed to be paid for me. And if letting agent is in the right then why are the council so confident that I should let them go to court? That's what makes no sense to me, if they can see the problem

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Original poster
Dragonfliesdress · 10/05/2018 14:40

I don't get it paid to me due to poor money management as it is due to mental health etc

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Sugarhunnyicedtea · 10/05/2018 14:41

What Bombardier says is correct. The council can't force a landlord to accept payments when they want to make them. You have a legally binding agreement for x amount to be paid on x date. You signed it (presumably) and it is up to you how you address the fact that hb pays 4 weekly in arrears when I imagine your rent is due calendar monthly