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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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SilverDragonfly1 · 10/05/2018 20:06

I think mrtyle is probably right as to the reason. So the council have adjusted their payment to leave you with 4 weeks debit, plus the bit they didn't pay initially.

So should the council have backdated the claim initially? Or is OP going to be held responsible for the 260ish?

SilverDragonfly1 · 10/05/2018 20:09

Highfever, yes, for some reason the LA skipped 16.11.16 so all the following dates are one off what they should be.

Bumbumtaloo · 10/05/2018 20:13

The LA seem to have missed a couple of days on the dates. I wonder if this is the actual working statement from your account or something they have inputted to send to you today.

Sorry OP I can’t remember but you said that the HB in the last property ended and then you started claiming for this property, was there an actual gap in your HB payments? I’m just curious really as when we moved our claim was transferred to our new property - different landlord from private to HA and a discretionary payment was made to our previous landlord as we moved very quickly (I’m disabled and was offered a HA property and received the keys in less than a week as our old house wasn’t suitable for us to stay in).

So confused re rent
SmashedMug · 10/05/2018 20:13

The £256 is some discrepancy over the housing benefit for the first couple of weeks. It could be your tenancy dates, an overlap or an overpayment from a previous property being claimed back before they paid your housing benefit to your landlord. You do owe that.

BUT the letting agent has made a mistake. The £3194 on the 25th September is all fine. At that point you owe £256 and you're back on track. When the letting agent has made a mistake is the payment dates. Your housing benefit has always been paid around two weeks after the rental period. The letting agent has the rent paid on 09-October for 21 sep- 18 October. That's wrong. The 09 October payment is actually for the 24 aug-20 sep rent. Then every month after that is wrong in the same way.

I hope that I've explained that properly.

Dragonfliesdress · 10/05/2018 20:14

Confused If I'm confused and I've been going over this since September really and thought it had sorted itself out - I did give permission already for LA to contact Council to discuss what has gone wrong, gave permission for things to be sent via email, but LA said can never get through to council and no direct number it's a call centre type thing, she says emails are not replied to. And then I ring council and get told so and so (the arrears paid aren't the correct amount as they cover a lesser period than she has written, so it is always behind, nothing missing it's the way it's calculated on both sides seems to be different, I try to get in writing and get nothing, so it's word of mouth), and then told something else by LA, and feel like it's just out of my hands.

She says she has 2 other benefit tenants who have rent paid by same council 4 weeks in arrears and they do not have this issue with them so it's not the 4 weeks arrears. Confused

I'm going to try and get council tomorrow to show me a breakdown of exactly what has been paid, what date, and what the amount covers from X date to Y date. I asked for this last time and was told they couldn't show me it as it was confidential (surely that can't be right, I need something to show LA so it can be worked out), but they said that even the first arrears of £200~ is only because the LA thinks they should have paid right up to a certain date, but again they say they paid less amount as they paid for an earlier time period, shorter than she was expecting... And again with the next one. They say it works out on their end and they have this all the time with landlords. Trying to fob me off because they made a mistake? Idk

I just need a rental statement from the council to compare... Or ask them to directly email the info to LA.

Here is the tenancy stating 4 weeks rent. It says "NIL" on deposit because the deposit from the previous property from same landlord just got "transferred" as the deposit for this property, but then the landlord claimed that back at a later date for the month he received no rent in previous property when HB stopped paying (the deposit covered it so no debt there I swear) - one thing though, even though we had moved address via him, when he claimed for my deposit the mail I was supposed to get to be able to challenge the decision (not that I would have) was sent to the old property in another borough, I didn't go back and get the mail until the date for fighting it had passed (and the reason they stopped paying was because landlord wasn't providing me with a rental agreement to show them at the time so they ended the claim, it was very complicated, but I ended up losing my coubtil tax reduction to and I had to borrow hundreds off family to pay it when it was supposed to be covered with my HB) Blush sorry that's unrelated but it's just one problem after another it seems.

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Dragonfliesdress · 10/05/2018 20:14

...

So confused re rent
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SmashedMug · 10/05/2018 20:15

We crossposted so please go up and read my post. Letting agent has made a mistake!

Highfever · 10/05/2018 20:16

The arrears amount is correct based on what they state. However I need to compare what council have paid compared to what agent have received.

So confused re rent
Highfever · 10/05/2018 20:18

Can you log onto self service on council housing benefit?

SilverDragonfly1 · 10/05/2018 20:18

Smashed, yes! Thank you. I was going round and round trying to work out how an extra months rent was suddenly in debit even though all the figures added up!

Highfever · 10/05/2018 20:19

Smashed you've got it!

Dragonfliesdress · 10/05/2018 20:21

The £256 is some discrepancy over the housing benefit for the first couple of weeks. It could be your tenancy dates, an overlap or an overpayment from a previous property being claimed back before they paid your housing benefit to your landlord.

I received all letters from council, I have never owed this council any money and all letters state full award with no deductions for anything... Money owed in CT to other council was paid fully ages ago, and month's rent owed to landlord was paid via deposit and we've spoken about that there's no issue..

Was there an actual gap in your HB payments
Yes, two separate claims with two separate councils.

The letting agent has the rent paid on 09-October for 21 sep- 18 October. That's wrong. The 09 October payment is actually for the 24 aug-20 sep rent. Then every month after that is wrong in the same way.
This is what the council have said to me, but it's so difficult to explain it and I don't know how. All the numbers get confused in my head

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SmashedMug · 10/05/2018 20:21

It was driving me mad and then it just clicked! It's awful that a letting agent can make such a simple mistake and then demand money off somebody based on that mistake.

Dragonfliesdress · 10/05/2018 20:22

Oh thank you! I don't know how to explain it to her properly... I tried before and she said she had not and is adamant the council has mispaid her all of this money Sad

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Highfever · 10/05/2018 20:23

256.73 is the amount you are in debt either due to the way the payments date work or the fact your claim didn't start straight away.

MrsSquiggler · 10/05/2018 20:23

I think the discrepancy is just due to the fact the HB is paid in the middle of the rental period so it doesn't tie up nicely with the rental periods.

From what I can work out, the HB has been backdated to the start of the tenancy. Take the first payment date we know for sure, 23/2/17. The payments received as at that date (£2,139.43 + £798.72) equate to 103 days rent. And as at that date, the tenancy had run for 131 days. That leaves a difference of 25 days, ie approximately 4 weeks and we would expect HB to paid 4 weeks in arrears.

Whatever discrepancy there did not arise mid way through the tenancy. The 4 week gap in the middle of 2017 is a red herring as the lump sum payment of £3,194.88 is exactly 4 x £798.72. The running arrears have not gone up from £256.73 to £1,055.45, it's just the way the LA has allocated the payments that make it appear that way. For instance, the payment on 23/2/17 was allocated to the period ending 7/2/17. But the payment on 26/4/18 was allocated to the period ending 1/5/18. To be consistent she could shift all the payments up one line leaving arrears of £256.73 again.

SilverDragonfly1 · 10/05/2018 20:23

I'm sure someone can sort you out an email draft to send to the LA now they get what's going on. Then you need to find out why the 260 shortfall occurred, which is down to the council.

Highfever · 10/05/2018 20:24

Show her this thread ;-)

Highfever · 10/05/2018 20:25

Can you pm me your council? I'll see if you can access details online for you.

Dragonfliesdress · 10/05/2018 20:26

I feel bad making all your heads hurt! I felt like crying when I got her email earlier, I thought "oh no not this again!" And it's scary seeing all her red writing and bolds/underlines about court action and solicitors. My stomach just dropped

I really hate being on full benefits I do and I didn't set out to be on them honestly but I'm trying to get some help to get my mental health up so I can work and get back in education maybe , make a better future for my daughter.

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Dragonfliesdress · 10/05/2018 20:29

Yes, if I can just explain that mistake to her and get it back down to the 200+ then I can work that debt out separately with them and council, that's nothing compared to 1k Blush

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Highfever · 10/05/2018 20:30

I really hate being on full benefits I do and I didn't set out to be on them honestly but I'm trying to get some help to get my mental health up so I can work and get back in education maybe , make a better future for my daughter.

Don't apologise! I used to work in DWP- accuracy team for a bit. A decade on I'm in a similar boat. It was nice to exercise my brain.

SmashedMug · 10/05/2018 20:30

I'm rubbish with explaining things but the main points to include are that:

The payment on 25th September is the backdated rent covering those four months up to 23rd August. It is does not include the rental period of 24th August until 20th September. The letting agent has made a mistake by putting it down in that table of figures as covering that rental period.

The payment on 9th October is for the rental period from 24th August until 20th September (not 21st September to 18th October). This is a second mistake made because of the letting agents previous mistake.

Every following line of the rental statement has the same mistake with the payment being paired up with the incorrect rental period.

MrsSquiggler · 10/05/2018 20:34

Could you show her the attached with the payments shifted up one line? Say it is consistent with how she allocated the payments made in Feb 2017 to May 2017.

So confused re rent
Dragonfliesdress · 10/05/2018 20:36

Thank you so much everyone Smile feeling a bit more relaxed now... I will try and write down the bullet points, maybe even copy and paste some of the info here and just edit it so I'm not taking about her but to her.

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