Renting out house - need advice

Okay, lets see if we can help - ignore the nasty comments :-)

First thing to do is to clarify if you even owe the arrears. Was the previous tenancy agreement in your name, your Exs name or both? If it was only in your ex's name then you have no liability for his debts.

Assuming the tenancy was you & your boyfriend, you are responsible for the debt BUT the debt from this tenancy can not be used to evict you from the sole tenancy that you signed in Nov 2009. When you pay rent, do so with a letter which mentions the cheque number and clearly states it is rent for whatever month - and keep a copy of the letter. This will prevent LL from putting the rent against your old debt.

You signed a new agreement in Nov, presumably for 6 or 12 months - landlord can not evict you until the end of the fixed term UNLESS you have rent arrears on this tenancy - it has to be at least 2 months worth unpaid before they can serve you with a section 8 (g8) notice - which is only the start of the process.

IF landlord or husband try to remove you before the end of your fixed term without getting a court order then it will almost certainly be illegal eviction. Call the police immediately as this is a criminal offence and can result in a prison sentence. Info here: http://www.direct.gov.uk/en/HomeAndCommunity/Keepingyourhomeevictionsandhomelessness/LosingYourHome/DG_10014595

If the harassment continues, this is again a police matter. Don't worry about any reprisals - as I said above they can only kick you out in specific circumstances.

LL may take you to court for the unpaid rent from your old agreement and if she provides proof then she would win - but if you include details of your repayment proposals in your reply to the court it will almost certainly be accepted and so become official. There would probably not be a court hearing.

LL is not allowed into your home, even if you are behind on your rent. It's fixed in common law and is called 'quiet enjoyment'. Essentially it means that while you have a tenancy then you can (within reason) treat the house as if it were your own - and that includes the right to not have people in who you don't want. IF the tenancy agreement says that the LL is allowed in if they give 24/48 hours notice, this can only be enforced with a court order. Keep a record of any unauthorised entry by your LL as it also constitutes harassment.

Excessive harassment can constitute illegal eviction, but getting a police force to make that link is easier in some areas than others. http://www.communities.gov.uk/documents/housing/pdf/138298.pdf

If the LL sells the house then your tenancy goes with it - you just get a new landlord. Having a tenant CAN reduce the value of a house by as much as 20% and for this reason, some LLs are willing to pay their tenants to leave before due time. It is unlikely your LL would do this - but if you're both desperate for you to leave the house then there might be a chance.

DO NOT leave the house...

Make sure you can afford it, don't forget it's not just the rent you will be paying. As you will be 'just' renting at the very worst you'll only be stuck with it for 6 months if you don't like it.

Try your local Housing Association. They are like a charity that provide housing for people on benefit/low income and sometimes have places suitable for single occupancy. Look in your local Yellow Pages or Google Housing Association and the name of your town. Alternatively the Citizens Advice are very good and will have contact details.

Good luck - you've done all you can!

Is that your take home pay (after tax) I don't think you earn enough to rent a place for that amount of money. Does that include your council tax?, You will also have the basics like food, and house hold shopping ( washing powder ETC) which can be very expensive. On top of that you have travel expenses to work and back , then what about your social life you wont have much money to go out with, when you move into your own place the list is endless with things you have to pay for.

If you haven't moved in yet, then I'm sure the landlord would have no problem with simply adding the additional person's name to the lease. You obviously need the landlord's permission before he moves in though.

If your friend is entitled to Housing Benefit then he'd still be able to claim it whilst renting a room from you. To be entitled, he'd most likely have to be claiming JSA already. He probably won't get the full amount paid - usually they leave you with £10-15 that you have to top up yourself out of your other benefits.

In order to rent your property out you will need to inform your current lender and ask for their 'consent to let'. Most lenders do not have a problem with this although some may alter the interest rate you are paying or charge a fee to allow you to do this.

Your main problem is obviously obtaining a deposit for the purchase of the new house. You have stated there is no equity in your current house so it is not possible to obtain extra money for a deposit from there.

If you look at some new build developments you may find that the developers are offering some incentives such as shared equity deals where they will essentially grant you a deposit.

Not all mortgage lenders except these incentives so I suggest you take advice from an independent mortgage broker http://www.wwfp.net/mortgage/mortgage-broker.html to fully go through your options.

Disclaimer:
The answers above are for guidance only and should not be acted upon without you receiving professional mortgage advice relevant to your circumstances. To find an independent mortgage adviser please go to http://www.unbiased.co.uk

It wouldn't say it was dangerous but it is probably against some housing association policy and should be sorted out immediately, it's unsanitary and could attract pests. There could be rats (big ones) scurrying amongst your cooking pans so watch out.

'Friend' sounds like he hasn't got a clue either - which is a problem because you may have all sorts of problems with him (innocently or otherwise) not doing things that he is obliged to do as a landlord. For instance, does he have permission to let the property from his mortgage lender? They will charge for this and probably add a few % onto his mortgage rate - but if he doesn't get it then he can be repossessed and you can be thrown out - because without permission, the lenders would not be bound to any lease/tenancy agreement.

'Friend' could not just kick you out, but like any tenancy, you will agree a contract for a certain length of time, which ties in both sides. After that, you can be given notice but there is a legal notice process that has to be followed, so you'd get plenty of warning.

If you do go for 'friends' house, make sure you get everything in writing, even if you have to buy your own tenancy agreement from WHSmiths (about £10) and get him to sign that!

If you pull out of the other property, you should get back your 1st months rent and the deposit *less* any expenses the agency have incurred as a result of your aborted application - maybe about £40 each for the credit checks.