Rent arrears + council tax arrears + no job = any help appreciated!

The gist of my problem is that I recently had to leave my full-time job, but have accumulated 3 months rent arrears at 650 per month and am still in the throes of a 12 month tenancy agreement (I have been at my flat for only six months).

I am in receipt of partial Housing Benefit which was granted me while I was in employment.

I spoke to my landlord about the arrears and he agreed to take 100 a month on top of my current rent payments and this was all fine until I had no choice but to leave my present employment.

My problem is I cannot pay rent any longer, let alone keeping up the arrears payments. My tenancy agreement is for 12 months and I have lived here for only six months (an addendum states I may leave no earlier than eight months into my contract, which would take me into January 2010 but this is not feasible given I have no income).

My parents have kindly agreed for me to stay with them rent-free until I secure new employment. 

What I think may be the best thing to do is move out of my flat immediately to 'nip in the bud' any further time spent here I would need to pay rent on. I don't wish to take advantage of the flat when I cannot pay rent. This would probably put me in breach of contract?

I'd like to move out and 'freeze' all my due payments so that I can pay it all as soon as I get a new job. Is this possible?

Any advice greatly appreciated. I don't know if I'm being far too idealistic about how these things work! This is the first flat I've moved into from my parents and it hasn't gone very smoothly at all!

Many thanks in advance,

Nina M

Hi Nina, Sorry to hear of

Hi Nina,

Sorry to hear of your situation.

You are of course bound by the terms of tenancy agreement.

The landlord can sue you for any arrears and indeed seek possession because of those arrears.

If you have no assets the landlord will have difficulty getting money out of you. However if he gets a judgement in the county court you will have problems obtaining credit in the future.

You could just walk away, abandon the tenancy and hope that the landlord will not take any action. After all he has the property back to relet.

Many tenants do this.

Alternatively you could try and negotiate a deal with the landlord in full and final settlement which lets you out. By agreement any payment could be by instalments.

Make sure you terminate the agreement at it's earliest possible moment if agreement is not reached.

I hope this helps a little.

icox@s-law.co.uk

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

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