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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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Thread gallery
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Original poster
Dragonfliesdress · 11/05/2018 14:08

The lady at the council said that my Letting Agent should have asked them for clarification in writing as they are willing to provide evidence to them in that way. They also said "Let them take you to court or hand it to solicitors - they are the ones who will end up looking stupid as all the money is there" Blush

LA says missing payment for 04/05/17 - 21/05/17.
Council say this amount was covered in a previous payment of £798.72 which was to cover period of 24/04/17 - 21/05/17. The period that she is saying there is no rent for is included in that payment.
Then the £3194.88 starts cover from then after

I have let LA know about this but feel it won't be good enough somehow

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MrsSquiggler · 11/05/2018 14:52

I wonder if the LA just means that when she received the remittance of £3,194.88 from the council, the payment was labelled as for the period 21/05/2017 - 10/09/2017. If that is correct, then working backwards there is a period of nearly 4 weeks at the start of your tenancy which was not covered by HB. I think you need to speak to the council again to see when they started paying HB for this property.

Assuming you have an Assured Shorthold Tenancy, then you would need to be in 8 weeks' arrears for them to serve a s.8 notice. However they can of course still serve a s.21 notice at the end of the fixed term, or if you are on a rolling contract, at any time, so I think you need to see if you can get to the bottom of it.

So confused re rent
Polly2345 · 11/05/2018 15:06

The council are right that it would make them look stupid, but it's still really stressful for you if the LA is hassling you.

The LA has no grounds that would land you in court at the moment, and even if they did, my experience is that the judge would want to see a robust set of figures proving you were 8 weeks in arrears. If the LA took her incorrect figures she'd be laughed out of court.

Can you ask to talk to anyone else at the LAgency? Or get Shelter to talk to the LA on your behalf? She's effectively admitted she initially got the figure wrong as she's changed it. Could you ring and ask to talk to someone who can get them right!

Original poster
Dragonfliesdress · 11/05/2018 15:50

It's covered from 19th October 2016, on my online account I can see it says "Starts From".

Sigh

I will get into CAB !

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Original poster
Dragonfliesdress · 11/05/2018 15:50

Onto

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Original poster
Dragonfliesdress · 11/05/2018 15:52

I will ask them about the start of the tenancy to confirm also... but I have sent an email and also a Benefit Enquiry through their website asking them to release information to LA regarding all payments and cover periods.

Thank you so much for the excel sheet Smile

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Original poster
Dragonfliesdress · 11/05/2018 16:40

@MrsSquiggler

You really are a gem with these sheets you keep sending, makes it so much easier to try to get my head around.
I can see that if the money is put into the slot that she says it does, and the £798.72 payment prior to that was for end of April-May 2017, then there is a gap at the beginning Confused

Yet everything seems fine on the council end, how strange.. GAH, why does it have to be Friday Angry. Thank you

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Original poster
Dragonfliesdress · 11/05/2018 16:48

And yes there is a gap at the beginning but how much? It looks like around £600 and something which isn't a figure she's asked before

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MrsSquiggler · 11/05/2018 16:58

I like spreadsheets! Grin

The gap at the beginning = the £770.19 she is asking for now. £770.19 = 27 days rent. I calculated there were 26 days at the start of the tenancy for which HB was paid, but I might be one day out (or the letting agent might be - some of her dates seem to be a day out here and there)

MrsSquiggler · 11/05/2018 16:58

26 days at the start of the tenancy for which HB was not paid, I mean

Mrschainsawuk · 11/05/2018 17:06

Ok you owe 256.53 which is probably the changing over of your claim as you would have lost day hb need to pay this month's by the 30th may you do not owe 1055 just 256.53 which you need to come up with a plan to pay off and ideally try and get ahead with you rent even if it's just two weeks pm if you want help with money management

Dragonfliesdress · 11/05/2018 17:17

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Dragonfliesdress · 11/05/2018 17:18

Ok well that was identifying.

Don't worry it's a throwaway account

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Original poster
Dragonfliesdress · 14/05/2018 11:31

I finally have the statements from the Council.

If you see the difference between theirs and hers!!! Shock

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Original poster
Dragonfliesdress · 14/05/2018 11:32

Hers...

So confused re rent
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Menime · 14/05/2018 11:32

This reply has been deleted

Message withdrawn at poster's request.

Dragonfliesdress · 14/05/2018 11:33

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Dragonfliesdress · 14/05/2018 11:51

And the council's...

Seems they paid her at the end of January some money that she hasn't written into her own rent statements... 26th Jan payment is missing from hers. Also she has the first arrears payment as covering up the 11th Jan 2017, when it was only to cover until the 1st... Hence these random arrears I'm getting.

Think it's solved!

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HeedMove · 14/05/2018 11:53

Just forward that on to her and tell her she needs to go back and check the bank for money paid in as shes clearly made an error somewhere and you welcome her going to the solicitor and passing over all info as hopefully the error can be then resolved.

HeedMove · 14/05/2018 12:03

Just seen your latest post must of cross posted. Id be writing a formal complaint to her boss and forwarding on all threatening emails re being excited etc and asking for an apology.

HeedMove · 14/05/2018 12:06

*evicted

Original poster
Dragonfliesdress · 14/05/2018 12:09

Thank you very much Smile

Just thought I would post the update, it's good for venting

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MrsSquiggler · 14/05/2018 12:43

Ah yes, that'll be the problem! Happy to see your update op Smile

Hopefully the agent will feel very silly when she realises she missed a payment. And apologise profusely.

MaverickSnoopy · 14/05/2018 12:59

I've just read through this thread. You poor thing. I really hope for your sanity that this will be resolved soon!

Interesting how she said the council had sent the statement and the one you have shared looks nothing like what she sent you.

Original poster
Dragonfliesdress · 14/05/2018 15:05

Well, she has replied to say that she has never received a payment on the 26th January 2017. Yet it's clearly on the council statement just the same as the rest. This is very strange.

Back to council tomorrow then it seems. How can I ask them to prove that the money went to the agent other than what I have already sent to her?

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