Need Advice Urgent!!!! - R.e Landlord Troubles

[escapologist]

Hi all, im having some trouble with my landlord, i moved into a property and the landlord knew I would be claiming housing. its been 3 months and he wont provide me with all the documents needed to make my claim. I have borrowed money for the last rents to keep him happy but the rent due a few days ago, I havent been able to pay. Ive made it clear to him that without the documents, I dont have the rent! i have contacted him so many times asking him to help me sort out my claim and he ignores me, or says "ill sort it soon". he got in touch with me this morning stating that I have to pay him the rent now and if i cant, then get out! its left me in a really awkward position as its his fault he has no rent, but is he able to kick me out? I dont know the laws surrounding this issue and would appreciate any advice. thanks!

[ojread2]

What documentation do you require from him?

No, it's not his fault you can't pay the rent due

[Barmaid]

If you have an assured shorthold tenancy, he can't kick you out without a court order.

[ayabrea38]

I thought you only needed the tenancy agreement to make your claim?
Surly you have a copy of this.
I think he still has to give you a months notice,but I am not sure.
Good luck
Aya

[MadMen]

As above, what documentation other than your tenancy do you need?

[Mamyalynne]

Contact the Housing Benefit team at your council, who are dealing with your claim and explain why you cannot produce whatever documents they need - they will advise you accordingly.

[tonywiltshire]

My reply on the 18 Feb 13 to what appears to be your duplicated query is as below.
As you correctly say housing benefit will only pay for accommodation no other costs and the declaration you mention is not used in every local authority. The Landlord can serve you with a s8 notice if rent has not been paid and a s21 notice if he requires you to leave at the end of the fixed term which is usually 6 months, but to get you to leave he must first go to court.

Your landlord is required to provide you with written terms of your tenancy under S 20A of the Housing act 1988 if you are waiting for a declaration to be signed make your claim for Housing and Council Tax benefit now and submit any additional information later. If you have made a claim for JSA the DWP may have been in contact with your local authority to whom you should explain your position, the HB may be paid direct to you and you may need it to be backdated, do not delay.

[escapologist]

I went to housing today and they have closed my claim because I took too long to take documents in. I submitted a reconsideration but it takes 6 weeks for a decicion. The outstanding documents included receipts for the first months rent (i paid in cash) And a landlord declaration.I think it IS his fault as he has prevented me from completing my claim when he agreed before I moved in that I am ok claiming housing.

[ojread2]

He has not prevented you from putting in your claim - you've just said yourself it was closed yesterday, so it must have been submitted
It's still not his fault you can't pay your rent either, take responsibility for it, after all it is yours

You must have signed something to be able to rent this house?

Appeal the decision

[kloofnek]

Did you tell him that you would be claiming HB before signing any agreement?
Also,I cannot understand why he won`t sign...I know one sees "no DSS" when looking for rented property..I have never understood why...they are more sure of the incoming rent this way...surely????

[kloofnek]

Sorry ...see you have said the landlord knew upfront....he sounds a horrid man and I would be looking for some other accommodation.

[ojread2]

with the new rules kloofnek, no they aren't
Rent is paid directly to the tenant and they pay the landlord - silly idea if you ask me

[kloofnek]

Yes,ojread2.I know that ...but if the tenant is sensible they would make sure the rent is paid.They could do what I advised my daughter to do...set up a Standing Order so that when the HB goes into to her bank , it is then sent straight to her landlord`s.That way she cannot be tempted to dip into it.