Frequently Asked Questions - FAQs

1. My six month Assured Shorthold Tenancy has just come to an end and my landlord has told me I must be out by the end of the week. Do I have to go?

No. You are entitled to proper written notice, usually a Notice Requiring Possession. Once the notice has expired, the landlord must obtain a court order before you have to leave.

However, you may have further rights and you should seek advice.

2. Am I entitled to Housing Benefit?

Housing Benefit is paid according to need, taking into account a persons income, savings and rent. You are not eligible to apply if you have more than £16,000 in savings.

Most people who are subject to immigration control are not eligible, although there are exceptions and you should seek advice.

There are certain other categories of people who are not eligible, such as full time students unless you are not required to sign on as available for work.

Application forms for Housing Benefit can be obtained from the Town Hall, Hornton Street, W8. You can also apply over the telephone. Tel: 0207 361 3025

3. Can I apply to go on the council house waiting list?

Yes, if you have settled immigration status in this country and you do not have savings or capital of over £16,000.

Application forms for the Common Housing Register can be obtained from the Town Hall.

Applications are assessed according to need and in line with council policy as contained in the councils Allocation Policy.

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4. I am an assured tenant and the bailiffs are coming next week to evict me from my housing association flat. Is there anything I can do?

Yes, it is possible to apply to the court to stop the bailiffs enforcing a possession order, providing you have good cause.

You should consult a solicitor as a matter of urgency.

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5. Due to poor health I was late in submitting all the information in support of my claim for housing benefit. As a consequence, housing benefit was not paid for two months and I am now in rent arrears. Is there anything I can do?

Yes, you can get housing benefit backdated for up to 12 months providing you can show that you had continuous good cause for claiming late.

You should write to the Housing Benefit Department as soon as possible explaining your circumstances and providing evidence of your ill health, such as a letter from your doctor.

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6. I am a month behind with my rent and my private landlord says that unless I pay the money by tomorrow he will come round and pack all my stuff into bin liners and throw me out. Can he do this?

No. This would be an illegal eviction under the Protection from Eviction Act 1977.

You should contact the Tenancy Relations Service at the Town Hall, Hornton Street, London W8. Tel: 0207 361 3008 immediately or alternatively, a solicitor.

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7. I have had a leaking roof for five years and despite constantly asking my landlord to do something about it he has done nothing. Am I entitled to compensation?

Yes, unless in the very unlikely scenario that you have a full repairing lease, your landlord is responsible for the leak. Having reported the defect to him, he is also responsible for having done nothing about it.

Compensation claims resulting from disrepair are usually evaluated or "quantified" in relation to how much rent you pay.

The amount of your claim will depend on how bad the leak is. As a rough guide, courts have valued a minor leaking roof at £500 per year. This would be for your loss of enjoyment of your accommodation or loss of amenity.

You may also be entitled to specific damages relating to damage to your possessions such as carpets or other possessions.

If the disrepair is particularly bad you may have a claim for exemplary damages that a judge may award as a punishment to the landlord.

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8. Am I allowed to have a lodger?

This will usually depend on what it says in your tenancy agreement.

In most cases, you will be entitled to take a lodger.

Sometimes there will be the clause in your tenancy agreement allowing you to do so only with the consent of the landlord. Implicit in such a clause is that consent cannot be withheld unreasonably. For instance, the landlord would have to have a concrete reason to object to a particular person.

Many agreements have prohibitions against sub-letting or assignment. Both these cases are where you move out and someone else moves in. If there were such a clause in your tenancy agreement then you would be in breach of your agreement to do so.

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9. The council have issued a possession summons against me for rent arrears of £750. I am on income support and cannot afford to pay. What should I do?

You should contact your Housing Officer immediately and explain your circumstances. In most cases, the council will accept an offer to clear the arrears by instalment.

Alternatively, you should seek independent advice from HASKC or a similar agency.

If you are in receipt of income support or job seekers allowance then the standard payment is current rent plus £3.00 per week.

You should also ask the council to adjourn the proceedings. They may be willing to do this or they may insist on going to court to obtain a possession order suspended on the agreed terms. This latter option is more serious for you for, if you default on the agreement, the council may return to court to enforce the possession order. If your landlord remains intent on going to court you are strongly advised to seek advice.

Next, complete the reply form to the summons explaining your circumstances and offer to clear the arrears by instalments by paying the current rent plus £3.00 per week. Hopefully, this will already been agreed with the council. It is extremely important to ensure that you keep to this agreement. You should attend the hearing or be represented to ensure that you have your say.

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