Letting agent claiming I owe money because my housing benefit is paid every 4 weeks

Jamie_L

worried33 said:

Its exactly as poppy said, a typical rental agreement payment is in advance, benefits are in arrears.    (this is best case scenario assuming HB is fully funding rent).

Your case highlights the problem of rent going straight from council to LL it has added this complication.

To me there seems two ways to resolve this that would perhaps satisfy the agent.

1 - You make up the difference for this year, and the 13th payment is treated as an extra payment for the start of the following year, meaning instead of arrears, you have a buffer that goes down a bit each month until £0 the final month, of which there is an extra payment again.

2 - Ask them to setup a billing system, that calculates any shortfall each month, and you have a direct debit where that amount is taken, the month where they get two payments from council, they would automatically send the extra to your bank account as it would be an overpayment.

Thanks for the advice, I agree that the whole situation is a little complicated, HB paying on a different cycle and in arrears being the complete opposite to what LL's prefer.

I did have what you outlined in the 2nd option and it worked fine for the passed 12 years (10 with a previous Letting agent and 2 with this one), but they have suddenly decided that isn't acceptable anymore and forcing me into option 1. 

It's not just what they've done it's how they've done it, with no explanation and no warning what was going to happen, I just suddenly get "Up owe, pay up!" messages. Making things worse, in just over 2 months I've had contradicting emails from two people outlining my payment commitments, one accurate the other with me accumulating debt. There's hasn't been any consistency.

I suppose I am trying to think a little long term as well, what could happen in 6 months time? Because worst case scenario would be, I pay as they demand and when that's paid off they think, "They can afford it before, lets raise the rent by the amount they were paying". And what would happen to the final arrears clearing HB payment they receive after I move out? Worst case obviously.

Ultimately, I think the truth is, I don't like how they've handled the whole situation, I've been made to feel I have purposely been giving them the run around and using delaying tactics' to avoid paying the arrears, which just isn't true. I have paid exactly what I have been asked by one person (the old manager), but another (new manager) has decided this isn't good enough for them and wants' to enforce their will on me, for no other reason than they can.

If I fight this, then hopefully the new manager will realise you can't be in a position of authority and treat people with such little humility. I'm hoping maybe I can save someone else down the line from having to go through something similar, especially if they aren't able to access the same support I can.

Hannah_Alumni

Jamie_L said:

If I fight this, then hopefully the new manager will realise you can't be in a position of authority and treat people with such little humility. I'm hoping maybe I can save someone else down the line from having to go through something similar, especially if they aren't able to access the same support I can.

And thank you for sharing your story with us @jamie_L I do hope it is all resolved soon. 

Jamie_L

Hannah_Scope said:

Jamie_L said:

If I fight this, then hopefully the new manager will realise you can't be in a position of authority and treat people with such little humility. I'm hoping maybe I can save someone else down the line from having to go through something similar, especially if they aren't able to access the same support I can.

And thank you for sharing your story with us @jamie_L I do hope it is all resolved soon. 

Thanks Hannah, your kind words are appreciated

Jamie_L

MW123 said:

@Jamie_L

In the absence of a new contract, your existing tenancy continues under the same terms previously agreed upon, creating what's known as a periodic tenancy. This means the conditions established in the original agreement remain in effect. 

Regarding the transition to the new letting agency, their failure to communicate any alterations to your payment schedule, along with conflicting messages from different managers, strengthens your position to maintain the customary rent payment practices you've followed for over a decade. 

It is difficult to provide a definitive answer without knowing all the details of your original tenancy agreement and specific circumstances, it's important for you to assert your right to adhere to the established payment structure. Without a legally binding modification to your tenancy terms, you are entitled to maintain the status quo.

If the agency persists in being uncooperative or treating you unfairly, you have avenues for seeking redress. This could involve submitting a formal complaint to regulatory bodies such as the Property Ombudsman or Property Redress Scheme, or seeking advice from organisations like Shelter. Taking these actions can assist you in managing the situation with clarity and resolving any disputes efficiently.

Thanks again for all the brilliant information, it'll be really useful. I had heard of shelter, but it hadn't occurred to me to contact them, but I will now.

I have started to put together a timeline of events and considering how to structure the complaints' letter and I will raise all these points.

I have looked on the letting agents website and they are affiliated with the Property Ombudsman, I intend to inform the LA that I will take the matter to the ombudsman if I'm unhappy with how the complaint is handled.

It's now becoming a little farcical, today I received a email for the old manager, just a standard you are in arrears type, guess she's a fairly hands on "consultant". 

Things had starting to look bleak, but thanks to you and all the people of this forum, I can feel the sun at the end of the tunnel now. It's really inspirational that you spend some of your spare time helping people like me with these problems, I'm incredibly grateful to all the people of this forum. It makes me feel like on some level I'm fighting for all of you.

MW123

@Jamie_L

I highly advise reaching out to Shelter for guidance, given their profound knowledge in housing and tenancy legislation, before proceeding with any further communication with the letting agent. 

The longstanding nature of your tenancy agreement, which has remained unchanged for 12 years, raises valid concerns about the new letting agency's attempt to unilaterally modify the payment terms without proper consultation or consent from you.

In light of the letting agent's questionable conduct, it is essential to obtain Shelter's specialised guidance to ensure that you approach this matter in a well-informed and legally sound manner. 

By leveraging Shelter's resources and expertise, you can navigate this complex situation with a comprehensive grasp of the legal implications, positioning yourself to make informed decisions and take appropriate actions to resolve this dispute effectively and protect your rights.

Jamie, I'm glad that our community could be of help to you. It's uplifting to hear that you're feeling more optimistic now. I hope you have a good weekend.