Landlord seeking possession after housing benefit problem - what can I do?

annachino

Hi 
i am in desperate need of advice please…I am a secure council tenant of 5 years,I have suffered from severe heart failure for over 10 years and am unable to work… housing benefit has always paid my rent and I have never had any problems until recently where they have insisted they have overpaid me and their unreasonable demands I have been forced over to universal credit..
i have been paying the first overpayment and I will continue to do so but my landlord has given me a notice of seek of possession, insisting that I am in rent arrears and how H/B have not paid my rent for 16 weeks …
I can’t seem to catch a break and I genuinely feel at risk of losing my home …
I have explained how the whole situation has effected my mental health and I have been referred to adult social care but when requested for some breathing space they only allowed me 6 days…
I have asked for a review and for my claim to be looked at again but in the meantime I’m going to be made homeless…
I feel utterly helpless and victimised…
what shall I do? I have no way of paying the rent that is owed by housing benefit and they also took £ 523.50 out of my bank for council tax this month which is outrageous because I have been paying my c/tax which was ment to be £42 a month which I have previously set up via direct debit & they manually changed the amount 

poppy123456

You say housing benefit haven’t paid your rent for 16 weeks but when did you claim Universal Credit? 

When you claim UC unless you’re living in either supported or temporary housing then your rent will be paid in with your UC. 

What was the reason for the overpayment? 

Rosie_Scope

Hi @annachino, welcome to the community. I hope you're doing as well as possible today in the circumstances. Just so you know, I've popped your post over to our housing section so that members with the right kinds of experiences can offer some advice.

Your housing situation sounds really stressful, I'm really sorry all this is happening to you. Have you managed to get in touch with your council to see why your council tax bill was so high? Do you have any friends or family who could help you talk through your options?

Looks like Poppy is already here to help offer some support and answer some questions, but here are some resources you might find useful. 

Citizens advice could be a good place to start to see if they can point you in the direction.

You might also find it useful to get in contact with Shelter. There's quite a few pages to read through on the website and an emergency helpline should you need it. This section about Discretionary Housing Payments might also be worth reading through if you're eligible:
Discretionary housing payments (DHP) - Shelter England

You could also try contacting your MP, they might be able to help advise you or fight your case with the council.
Find your MP - MPs and Lords - UK Parliament

I hope things start getting better for you soon.

annachino

Thank you for your nice reply sorry if I posted in the wrong section I’m brand new to this .. …
to answer the question about my uc I applied for uc on 6th October 2023 and have received my first payment and my rent is being paid directly to my landlord…
this is literally what is so confusing to me because I cannot get housing benefit to even be responsible and I don’t know what I have done wrong..:
my rent has always been paid directly to my landlord and never has passed through my hands so surely this can’t be classed as arrears ? 

There have been many changes also to my immediate housing team which hasn’t helped…
I feel like their is no support whatsoever 

annachino

Reasonable * not responsible sorry 

annachino

Does anyone know if this is something my housing officer should be helping me with?

annachino

Lastly I have contacted local mp and his team explained that he was extremely busy and would be months before able to look at my situation 

Rosie_Scope

That's a shame about your MP, but always worth a try.

Have you had much contact with your housing officer over this issue or is this the team that has been changing around a lot for you? It could perhaps be worth getting in touch to see if they can help or at least advise you on what to try next. 

If you're worried you'll lose your house within two months, Shelter's emergency helpline might be worth a go too. Did your landlord give a timeline in the letter for what happens next?

poppy123456

There can still be arrears if housing benefit weren't paying your rent. It's very difficult to advise about your housing benefit because you haven't given any information for me to be able to advise you.

Did you have a change of circumstances at all that you didn't report? A child leaving full time education, earnings? anything at all?

Sometimes it's not easy giving such advice on an internet forum. For this reason i'm going to advise that you get some expert advice with this from an agency near you. This way you can take all of your paper work for housing benefit and they will be able to look through it to see exactly what's happened. This link will help you find an agency that's local to you. https://advicelocal.uk/welfare-benefits

It's not as straight forward as you think for your LL to evict you so it's not something that will happen over night. I'd advise you to speak to shelter for some advice on this.

MW123

@annachino

The local council lacks the authority to directly "put you on the streets." Evictions follow a legal process initiated by landlords through the courts. 

If you've received a notice from your landlord expressing an intent to initiate possession proceedings, it will specify a potential start date, but at this point it can be stopped. 

Promptly schedule a meeting with the council to address any misunderstandings or discrepancies in your case, ensuring they have accurate information regarding your health, finances, and housing benefit claims. 

Although I cannot offer advice on benefits, based on the information you've provided, it appears there could be a legitimate misunderstanding with your benefits that has led to this issue. I am confident that seeking assistance from someone at the council will help you resolve this matter. 

I understand the exhaustion you're likely experiencing, struggling with heart failure, I know it can be extremely tiring. Nevertheless, if the situation requires you to visit their offices daily, persist and make sure they fully comprehend your circumstances and give you the support and help you so desperately need. 

MW123

@annachino

Forgot to mention in my last post. Did the council inform you in advance that they would deduct £523.50 instead of the agreed £42 this month? If they went ahead without your permission, reach out to your bank and request a refund using the Direct Debit Guarantee. This guarantee is designed to protect consumers, ensuring swift reimbursement if there are problems with a direct debit transaction, like an incorrect amount being withdrawn or a payment taken without proper notice.

 

WhatThe

annachino,

SHELTER is best source of legal advice and advocacy all free. Your council did this to you and it's shocking. Even with an Alternative Payment Arrangement (APA) in place, it can take 8/10/12 weeks for your landlord to receive payment even if you've had yours.  

SHELTER will need you to complete forms to qualify for legal aid funding and can intervene to suspend any action because you're a vulnerable person. Contact them online or phone. You haven't imagined this. Something similar happened to my HB and CT accounts.