So confused re rent

[Dragonfliesdress]

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.

Glad it’s all sorted for you OP. There is no need to apologise, my life hasn’t turned out as expected and I’m now unable to work due to my medical conditions DH is my carer and we survive on full benefits, I understand how stressful it can be.

That sounds like a good plan! :) I really hope you get it sorted. This has made me so cross for you! To think she's been bugging you about it all this time when it's her mistake!

Wow, yes, I can definitely show her that @MrsSquiggler

I know my explanations of what was going on were not very clear, it just wasn't making any sense to me

Bit more detail on this one

thank you to all, have a good evening. I will try and update tomorrow some time once I have spoken to the LA

Replied to your pm. You can see all your HB payments online.

I can? When I log in I can only see this... I will show you but blur some stuff

I'm. Glad smashed got to the bottom of these OP, for the £260 ish that is outstanding still could you apply for a discretionary housing payment? Could be worth try

Actually don't worry I won't send a pic is too complicated to blur, but basically I can only see overall what I'm getting, who to etc, whether anything is outstanding or overpaid, how its paid, when the last payment was and when the next payment is and those payment amounts.
I can't seem to find an entire rental breakdown unfortunately. I will ask them tomorrow. Thank you

Yet! Glad you're closer to getting it sorted.

I would write something like this:

Dear LA,

Thank you for the rent statement which helps clarify how you have calculated the arrears. It appears to me that there is a discrepancy in how you have applied the rent payments to each month. My housing benefit is paid 4 weeks in arrears, so as originally agreed my rent balance should take into account this arrears and each payment should be applied to the previous month. This appears to be the case to begin with: the payment on 23rd February 2017 is applied to the previous month (12 Jan 17 - 8 Feb 17), the payment on 20th March 2017 is applied to the previous to month again (9 Feb 2017 - 8 Mar 2017), and so on. At this point the arrears are £256.73. This is due to the difference in dates between when the rent comes due and when the housing benefit is paid.

However, later in the year this method of calculation no longer seems to be the case. So the payment of 9th October 2017 should be applied to the previous month (24 Aug 2017 - 20 Sep 2017) but instead you have applied this to the same month (21 Sep 2017 - 18 Oct 2017). This continues to the following months and adds the 4 weeks arrears on to my balance. If this is removed from the balance then the arrears go back to the earlier amount of £256.73.

I'm not sure if this change in how the rent has been calculated is an error on your part, or if as of October last year you were no longer willing to take into account the fact that my housing benefit is paid 4 weeks in arrears, so I would welcome some clarification on this.

Best wishes,

Dragonfliesdress

@NotDavidTennant

I'd just made a cup of tea and was sitting down to write up my email for the morning so excellent timing - I really appreciate it, the tone is just right, you just made my night an earlier one thank you

Hello everyone

LA replied with this
Says that I still owe more than 200... ??

That is a strange way for her to look at it but I sort of see what she is saying. The £513.46 is to take account of the fact that the council are paying your HB around 20 days after the end of your rental period. Plus the £256.73.

In the rental statement, the one I have attached, you can see that if you take the payment you received on the 25/09/17 to cover the rental period of the 03/05/17 - 22/08/17.
Then the payment you receive on the 09/10/17 covers the rental period of 23/08/17 - 19/09/17.

Then my arrears are only £256.73, which I am happy to query with the council.

I replied with that that's all I got. I can't get through to the council so might have to go for a walk and ask them

She said my council sent her this - just says 'as per council's remittance' in red

If you can take the statements along and show them to someone at the council today hopefully they can help. Say they are threatening to evict you, so if this problem cannot be solved you would be at risk of homelessness. Are you on a rolling 4 weekly tenancy or do you have a fixed term?

She's still got your rental. Incorrect though as she is putting them calendar monthly instead of 4 weekly.

See my earlier picture of the dates

The final line 24.4.18-21.05.18 needs to be removed from her latest sheet as she has stated they are happy to receive it 4 weely in arrears. She can't include that as it just bumps you arrears figure up so depending on what time it is in the month your arrears figure will always vary.

I don't think the council has sent that to her at all. I think she's rejigged the numbers to fit her narrative and sent you a copy of it claiming it's from the council.

I think you need to go to the council with a copy of her first lot of figures, the notes we've all made on here about her mistake, and then the second lot of figures she's sent you.

Then you need to ask the council to confirm they paid housing benefit for the two weeks in may that she's saying they didn't. If they confirm they did, then you only owe the £256 like we decided yesterday. If they confirm that they actually didn't, then that needs chewing up as to why they didn't because then it is creating that debt with her on your behalf.

I'm sure though that it will turn out they DID pay those two weeks and she's just trying to pull another fast one here because she's decided she doesn't fancy you paying in arrears anymore.

Chasing up not chewing up

I replied asking her why - if she has received this from Haringey "after every payment" as she claims in the email - then why did she first tell me I owed 1055 and now suddenly it's much less?

Also why was she asking me to get rent statements from my council if she already had them

Well she says now it's solicitor after 12pm on Monday.

I needn't panicked about that right? Will a solicitor still have to look through rental statements and get evidence from Haringey themselves, they can't just go by what the LA says?

Thank you, will do that

Honestly OP I think she is just making empty threats to make you panic and pay. Is she saying that they will look to evict you? If so they have a process that has to be followed - I have attached a screenshot of the part around rent arrears and the rest can be found here

england.shelter.org.uk/housing_advice/eviction/eviction_with_a_section_8_notice

Have you managed to speak to anyone other than her like Shelter or CAB? I think you should try one of them if you can’t get through to the council.

I am on the phone questions position 7 to council. Let's see what they say about this... I will try and make appointment for Monday morning if this phone call is no help