Urgent Pls : Benefits and Help

[CR001]

Hi,

Well after the euphoria of completing my immigration journey and obtaining citizenship for myself and my daughter, I have now been given a section 21(4)(a) notice to vacate my house where I have been living for 3 years and I have been told by my employer that they are making me redundant. All this news in one week!! So I am quite stressed out.

My landlord has failed to comply with 2 very key legal requirements (once is potentially criminal) in terms of my tenancy, so need to seek legal advice on this. I think the CAB can help me with this aspect but not 100% sure.

I am a single parent and am so confused (due to severe stress and anxiety) as to what the process is and where I need to go for what. I am still at work until the 18th July and then I will be unemployed and have to vacate my house by the 31st August latest.

Can Amber, Jambo, Batleykhan or Vinny please guide me on what I can and need to do. I know that I need to see the Council and maybe apply for LHA but the rest that I could claim I don't know what the processes are, particularly since they changed the way benefits are calculated in April this year and on what 'income' they based the means test.

Always appreciate the guidance from this great forum.

Thank you very much.

Char

[Amber]

A section 21(4)(a) HA 1988 order is served during a statutory periodic tenancy (i.e. your fixed term tenancy ends and a new one isn't issued). It runs depending how the rent is paid, if weekly then the periodic tenancy will run weekly. Now it is important to make sure the notice was served correctly as if not it'll have to be served again (if it's not served again a possession order may not be granted). A minimum of two months' notice is required and the day on which the notice expires must be the last day of a period of the tenancy.

Therefore if your tenancy is a monthly tenancy (you pay monthly) and for example, the rental day is the 10th of the month, the date specified must be the 9th of a subsequent month at least 2 months after the date of service.

Now if the order is correctly served and you do not leave the landlord can go to the Court and seek possession, if the rules have been followed this will inevitably be granted. If you still fail to leave he can ask for enforcement, i.e. court bailiffs.

The CAB will be able to help you with this. In the meantime looking for a new place is the next step. You can claim JSA once you finish your job and if it's Contribution based (usually is for the first 6 months) it won't be affected by any redundancy pay. You may also be entitled to Council Tax Reduction and Housing Benefit. You need to also inform tax credits of the change of circumstances, when it occurs. Contact ACAS if you think that your redundancy is not legitimate.

[CR001]

Thanks Amber, yes I am aware of the comments you have provided in terms of the section 21 notice and have spoken to Shelter as well. I pay my rent 4 weekly so not sure how notice would work on that basis and the landlord wants me to pay full rent up to and including time after I have vacated. So in terms of the notice date, the landlord has also not served that correctly.

The point where my landlord has fundamentally failed is that my deposit was only protected 7 months after it was paid (and it should have been within 14 days of receipt) which renders a section 21 notice invalid, hence needing legal advice on this issue and claiming up to the maximum of 3 x my deposit being held. Landlord has also provided false information to the Deposit Protector Scheme in terms of my original lease and has also not update and re-protected my deposit with the subsequent leases.

The other issue is that the landlord has failed to do the annual gas certification having only done it once in the 36 months I have lived in the property. This is a criminal offense as far as I aware. Then there is the issue of numerous repairs that have not been completed for the last 15 months and parts of the property that I am unable to use due to lack of repair and I could claim part of the rent back covering this.

I have compiled a file of all the emails, screen shots of text messages, leases, etc (file is 2 inches thick) to fight this battle.

I am convinced that the property has been let to someone else already at a substantially higher rental, prior to me receiving the notice and the landlord has emailed me this week to say that they will be ok with me leaving as soon as possible.

Landlord is fully aware of my situation from when my marriage broke down beginning of last year etc but is not aware now that I am losing my job as this transpired this week too.

I don't have deposit to look for a new place so will have to use my redundancy money, when I get it, to do that. But not sure what I can do in the meantime.

I don't claim tax credits because I currently earn above the threshold, I only get child benefits. This is why I don't know what I can claim as when I do the calculator it tells me zero.

Happy to take the redundancy as the alternative is to take a much lower grade and hugely less money but still above the benefits threshold and I would be left £1,000 less per month and unable to claim benefits to top it and would have to work 7 days per week to try make up the shortage. At least there are jobs going in my field or I might study full time. But yes, it does feel a bit like they are trying to get me out.

Amber, will the CAB be able to help with most of the issues or would I need to go to Job Centre for some stuff?

Thanks

Char

[Amber]

They CAB should be able to help with all you queries, if you go to them with details of your rent, council tax and how much redundancy you are likely to receive, they will be able to complete a benefits calculation for you and should also offer you housing advice.

[CR001]

Thanks Amber

Will they also be able to offer the legal advice I need to challenge the landlord or refer me? I don't want to blow all my redundancy pay on solicitors fees.

Char

[Amber]

Thanks Amber

Will they also be able to offer the legal advice I need to challenge the landlord or refer me? I don't want to blow all my redundancy pay on solicitors fees.

Char

Depends on the bureau, some have specialist housing advisors some don't. Moreover, since the legal aid cuts everything has gone to pots. They should have a solicitor who will offer a free hour interview so you can know how strong your case is.

[CR001]

Great, thank you very much.

The nearest CAB to me is one of the big branches, so I think they offer the full range of services and will make an appointment for after I leave my job as I will have loads of spare time!! lol

I would have been able to use the Retail Trust if I was not being made redundant!! But hey ho, will get the advice and guidance from CAB then.

Thanks again Amber, have a lovely day.

Char

[Amber]

If you're a member of a union they should offer advice.

[CR001]

I am not unfortunately Head Office staff for a retailer!! Retail Trust is amazing though, they were fantastic last year when my marriage broke down and my boss was bullying me etc.

At lease there are places like the CAB, Council, Shelter charity etc. In my home country we don't have these services.

You have been very helpful and kind, I do feel a bit better now!!

Char

[Amber]

I am not unfortunately Head Office staff for a retailer!! Retail Trust is amazing though, they were fantastic last year when my marriage broke down and my boss was bullying me etc.

At lease there are places like the CAB, Council, Shelter charity etc. In my home country we don't have these services.

You have been very helpful and kind, I do feel a bit better now!!

Char

The CAB will put you on the right track. Enjoy today's sunshine

[CR001]

The CAB will put you on the right track. Enjoy today's sunshine

Yes, I think I will step away from the computer and go and sit in the garden with a good book and relax for a while!!