Sample case studies relating to housing issues that we have dealt with at East Staffordshire CAB
Sample Case Studies are provided here for guidance purposes only. They should not be taken as the answer to your specific problem. We shall be including more case studies each month, if you do not see something that helps with your situation do not hesitate to obtain advice from your local CAB office.
Click on a question below to view the advice given.
I own my home but have fallen behind with my mortgage payments. I've heard about companies that can clear your debts, buy your home and then rent it back to you but I want to know more. Can you help
We've got planning permission to get a much-needed extension built onto our home, but we've heard so many horror stories about cowboy builders we're worried it could all go horribly wrong. What can we do to avoid this
l have not been able to pay my rent recently and I have just received a Claim for possession from my local county court. What can I do
We have recently moved and our new flat needs some work doing on it. I want to get builders in but there are so many cowboys around. How can we make sure the ones we get to do the work are going to be OK?
I've heard that there is a new scheme for tenants to safeguard their deposits given to landlords. I've asked my landlord about it, but I'm not sure he is part of the scheme. What should I do?
We’re thinking of buying a timeshare, but we’ve heard lots of horror stories about them. Would we be making a big mistake?
Q We have recently moved and our new flat needs some work doing on it. I want to get builders in but there are so many cowboys around. How can we make sure the ones we get to do the work are going to be OK?
A There is a new government-backed scheme called TrustMark whcih can help you find reliable and trustworthy tradespeople to carry out improvements and repairs to your home.
You can use the TrustMark website to find out which trade associations and other organisations have been approved. They can supply you with reputable builders, electricians, roofers, heating engineers and other tradespeople who meet certain standards set by the Government.
The site also gives useful tips and the questions to ask when you need an emergency repair, and has the answers to many frequently asked questions such as How do I find a reputable builder? - What standards of workmanship can I expect?And - What do I do if I have a complaint?
If the Firm displays the TrustMark Logo, it means a government-approved organisation has checked and will continue to monitor the quality of work carried out by the firm, its trading practices and financial position. It also indicates that the firm has signed up to a code of practice that includes insurance, good health and safety practices and customer care.
If you have a problem or disagreement with the firm, there are clear and user-friendly complaints procedures to help sort the problem out.
For more about TrustMark and how to find a TrustMark approved tradesperson, go to the TrustMark website.
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Q I've heard that there is a new scheme for tenants to safeguard their deposits given to landlords. I've asked my landlord about it, but I'm not sure he is part of the scheme. What should I do?
A From 6 April, anyone signing a tenancy agreement should check with their landlord or agent how their deposit will be protected. The tenant still pays the deposit to the landlord or agent but the money must be safeguarded through a Government approved tenancy deposition protection scheme.
The landlord has 10 days to tell you details of the scheme. If your landlord or agent has not given you details you can contact the Tenancy Deposit protection helpline yourself to check the situation.
There are sanctions against landlords who don't comply with the law. You could take your landlord to court and if your landlord has not given you details of the scheme or has not put the deposit in an authorised scheme, the court will order the landlord to repay the deposit or pay it into a scheme. The court must also order the landlord to pay the tenant a fine of three times the deposit within 14 days. However, you may decide not to pursue this course of action until you are ready to leave.
If you are given notice to quit by your landlord, it's very important to check immediately that your deposit is protected; if it's not you should get advice as you may have a defence against eviction.
For more information visit the Citizens Advice website www.adviceguide.org.uk
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Q We’re thinking of buying a timeshare, but we’ve heard lots of horror stories about them. Would we be making a big mistake?
A Many people with timeshares are very happy with them, but you’re right to be wary – there are a lot of rogue traders out there. The law is going to be tightened up to stamp out some of the worst abuses, but this won’t be happening until 2010. In the meantime, follow our top tips to avoid being conned:
- Remember that holiday clubs, boats, timeshare re-sales and contracts lasting less than three years are not covered by current timeshare legislation, so you do not get the same cancellation rights or protection if things go wrong.
- Be wary of any prize or holiday which has to be collected at a presentation. Don't claim it unless you want to undergo several hours of high-pressure selling.
- If you are approached on holiday, don't get into a taxi or bus provided by a sales rep. Companies often choose locations away from your hotel and out of town, making it more difficult to leave a sales presentation.
- If you are unsure about a deal, leave. Ignore suggestions that the special offer may not be available later on.
- Be very wary of making an upfront payment to clinch the deal.
- Be wary of cash back schemes. If the company goes bust before the cash is due, or you cannot find them, you will never get the money.
- Ask for written information about costs, companies involved and responsibilities. Take this away and read it before signing. Written information in your own language is a right.
- If you change your mind, act quickly. Check the small print for information about a cooling-off period. You may be able to cancel. If they have lied to you or broken the agreement and you paid by credit card or have a credit agreement, get advice about claiming from the credit company.
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Q l have not been able to pay my rent recently and I have just received a Claim for possession from my local county court. What can I do
A Once your landlord has given you notice, this does not necessarily mean you can be evicted. In most cases a court order is needed, and further notice of court proceedings is often required. Whether the court will allow the eviction will depend on the kind of tenancy you have and the reasons for seeking eviction.
If you do not pay your rent, your landlord has a legal right to ask a court to evict you. You need to act quickly if you want to try and stay in your home once you receive a claim for possession.
If you are on a low income and can't afford the rent you may be able to get some help with your payments by claiming housing benefit, if housing benefit does not cover all of your rent and you need more help, as long as you are edited to some housing benefit (or council tax benefit), you can ask the local authority for a discretionary housing payment. Only they can decide whether to give you this help, so you should give them as much information as possible.
If you can afford to pay your rent and pay a little extra towards any arrears, you should talk to your landlord - they may be willing to make a repayment agreement with you and stop the court action. !f they do, it is important that you make the agreed payments regularly.
If the landlord will not agree to accept your payments get free, independent, expert advice from your nearest CAB.
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Q We've got planning permission to get a much-needed extension built onto our home, but we've heard so many horror stories about cowboy builders we're worried it could all go horribly wrong. What can we do to avoid this
A It's always a good idea to use a builder who's been personally recommended by someone you know and trust. If you can't get a recommendation, get estimates from at least three builders for the work you want done, and ask for contact details of people they have done work for - talk to previous customers and go and look at the work for yourself if you can. Check the Office of Fair Trading website www.oft.gov.uk or Trading Standards for trustworthy local businesses.
Before having a builder start any job for you, get a proper, detailed schedule of work. Be specific about exactly what you want. Ask the builder about the stages the job will involve and get this in writing, with each component part priced. Estimate the time it will take for the work to be done. If it’s important to you that it is done by a certain date, agree with the builder on compensation if it’s completed late. Agree staged payments, but make sure you are not paying for everything in advance. Stick to what's been agreed.
For more information and advice on this and other consumer issues, go to the Citizens Advice website www.adviceguide.org.uk or contact your local bureau
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Q I own my home but have fallen behind with my mortgage payments. I've heard about companies that can clear your debts, buy your home and then rent it back to you but I want to know more. Can you help
A The schemes that you talk about are generally known as mortgage rescue, buy-back or sale-and-lease-back schemes. They are designed to allow you to stay in your home as a tenant or as a shared owner (paying part rent and part mortgage).
Private companies buy your property and rent it back to you. But you need to be careful, as not all these companies are trustworthy. If you’re thinking about signing up to a mortgage rescue scheme with a private company then it’s important to check any terms and conditions very carefully.
Things trial you need to know about include:
• Privately run schemes often buy homes below the market rate.
• You will probably have an initial tenancy which runs for six or twelve months and, during that time, the landlord might charge you what seems to be a reasonable rent. However, after that, if your tenancy is renewed, you may be charged a much higher rent or one which is not that different from what you would have paid if you were still paying off the mortgage and the arrears
• The type of tenancy offered may give you little protection from eviction which means that the landlord might be able to evict you
Make sure you have thought about all the options before you make an agreement with a private company. Try talking to your mortgage lender first to see if you can come to an arrangement to clear your arrears. A CAB debt adviser can help you do this and give you advice about any other debts.
For more information and advice go to the Citizens Advice website: adviceguide.org.uk or contact your local CAB.
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