Thinking aloud...

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    Thinking aloud...

    I've been reading the posts on this forum of tenants who stop paying rent when receiving notice to leave.
    im simply curious to know that if a tenant on HB receives, for an example, £400 in HB paid directly to the LL and makes up the short fall of £100 themselves, then goes to the council offices with the notice to leave, would the HB portion of the rent cease on the due date even if the tenant refused to leave and waited for bailiffs for example?
    it seems HB departments like to stop payment for the slightest thing from what I've read.
    It would mean a LL loss of £100 a month of over staying rather than £500 if the tenant refused to pay.
    Thoughts guys....
    ​​​​​

    #2
    What do you mean by a "notice to leave"? Usually the only valid notices for ASTs are s8 or s21.

    The tenant is always responsible for paying all the rent. Regardless of HB being paid or not. Sue tenant for rent owed.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Hi Artful, 'notice to leave' were my words to generalise all notices including S8 S21 etc. I'm not a landlord(landlady?) Yet so terminology is a little weak.
      I knew the rent is owed by the tenant and the right to sue aspect I was just curious if say, for another example, the tenant was up to date with the rent, £100 pcm, HB (being paid direct to the landlord because of issues in the past -drink drugs whatever) received every month from the council £400.
      If you issued a S21 correctly to end on the correct date and the tenants took this to the council housing department WOULD the HD cease the payment of the £400 to correspond with the S21 end of tenancy date?
      Or would they (the HD) continue to pay the £400 direct to the LL if the tenants (to coin your phrase I believe) "dug their heels in" for a further 40+ weeks.
      If they did, the LL would be out of pocket of just £100 pcm if the tenants got the hump (which seems common!) Rather than the full £500 if they were non HB tenants.
      thanks

      Comment


        #4
        Moy: (I know a placed called Moy in the Scottish Highlands...)

        So are you tenant, agent, solicitor, student on a project or just asking??

        Housing benefit dept should not stop payments (to tenant or landlord) just because an s21 has been served. But what they actually do is a different matter.

        Just serving an s21 means little: You never know if the landlord will proceed to court when it expires or not. There are circumstances when he doesn't want to evict but has an ulterior motive to serve s21 (wants rent increase, has served notice of rent increase but also serves s21 to indicate what he'll do if rent increase not accepted).

        An s21 does not end a tenancy, expiry date often not the same as end-of-tenancy date.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Moira, place in Ireland, my father was born in Ireland.
          my husband is restoring a cottage which will be rented out when it's finished and I'm curious of the different scenarios that can and do present themselves when letting property.
          its been a long time since I was a student!
          55 years young.
          Thank you for the advice , I'm learning a lot.

          Comment


            #6
            Don't rent to anyone paying the rent with housing benefits.
            There are people who specialise in that market.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Join RLA or NLA and do one of there introductory courses on being a landlord. That will cost you less in time & money than what you save.

              If hubby is restoring it to be rented out, how does he know what standards are required (eg fire alarm, smoke detectors, CO detectors)

              Is he keeping all receipts and invoices? Does he know he probably can't bill his time against tax but could bill charges from a legitimate contractor doing the job (which thus might turn out cheaper, after tax savings worked out)?

              Did you invite a couple of letting agents round to suggest what they thought worth doing and what isn't worth doing...
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                He is self employed and knows what can and cannot be claimed tax wise. The house has been fully rewired with mains smoke/fire detectors. Co2 detectors will be fitted, gas central heating services with gsc issued.
                We have concentrated on making it tenant proof rather than fancy LOL!
                Also got a EPC in place.

                Comment


                  #9
                  CO2 detectors won't (usually) help much: CO detectors might ....
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Originally posted by Moy View Post
                    I've been reading the posts on this forum of tenants who stop paying rent when receiving notice to leave.
                    im simply curious to know that if a tenant on HB receives, for an example, £400 in HB paid directly to the LL and makes up the short fall of £100 themselves, then goes to the council offices with the notice to leave, would the HB portion of the rent cease on the due date even if the tenant refused to leave and waited for bailiffs for example?
                    it seems HB departments like to stop payment for the slightest thing from what I've read.
                    It would mean a LL loss of £100 a month of over staying rather than £500 if the tenant refused to pay.
                    Thoughts guys....
                    ​​​​​
                    If the tenant is still in the property, Housing Benefit wouldn't stop. It would be paid until they left the property.

                    In regards to HB departments stopping payment for the slightest thing, it would depend on what that "slightest thing" is. After all, Housing Benefit is a means tested benefit and a lot of different factors affect the amount a tenant may get, or their eligibility.

                    Comment


                      #11
                      Originally posted by Welshie View Post
                      Housing Benefit is a means tested benefit and a lot of different factors affect the amount a tenant may get, or their eligibility.
                      Also, in your area, would the tenant be getting Universal Credit that would affect how much Housing Benefit they actually receive.

                      Comment


                        #12
                        If it's being paid direct to the LL (HB or UC-he) then it will continue to be paid until the claim is closed, or the claimant asks for it to be paid to themselves.

                        The claim can be closed by:
                        The claimant telling them to close it altogether. (For whatever reason).
                        The claimant telling them he has moved and wants to now claim for his new property.
                        The council/DWP closing it for benefit fraud. (eg. They find out the claimant is no longer living at that address).

                        The claimant could also request at any time that HB/UC-he payments are now made to themselves instead of direct to the LL, the council/DWP will usually contact the LL to confirm this before doing so. (But don't legally have to, it's the claimants benefit not the LLs).

                        Remember that the council are not paying rent to the LL, they are paying the claimants HB/UC-he benefit into an account nominated by the claimant.

                        Comment


                          #13
                          Mo - five men, four men, three men, two men, one man and his dog went there apparently .....

                          I don't think your question actually has one single answer .... though if youre not a landlady yet, perhaps you might be considering not taking on HB tenants, but the truth is anyone can stop paying at any time !!!!!!!

                          Comment


                            #14
                            MisterB, yes, indeed, people not on benefits can stop paying which was sort of part of my query.
                            thinking aloud I was wondering if a tenant on benefits being paid direct to the LL from the council decided not to pay the shortfall (£100 pcm in my example) for whatever reason would only leave the LL £100pcm out of pocket until they could be evicted rather than £500 pcm.
                            Could be a lifeline if you rely on the rent to pay for the BTL ?
                            Mine is a cash buy so no worries there.
                            Nukecad- very informative thank you X.
                            I like to look at all scenarios.
                            Welshie- thank you.
                            I was basing the term "on the slightest thing" purely on what I've learnt/read on this forum (I'm sucking it all up like a sponge!)
                            If the HB people get a report, even a false one that a tenant is doing something they shouldn't, the benefit is stopped while it is (slowly, if our council is anything to go by) investigated.

                            Comment


                              #15
                              Originally posted by Moy View Post
                              If the HB people get a report, even a false one that a tenant is doing something they shouldn't, the benefit is stopped while it is (slowly, if our council is anything to go by) investigated.
                              Yes it's a pain for both LL and tenant.

                              I claim HB, direct to LL, and once had it stopped for 2 months because the DWP made a mistake and told the council I was no longer claiming disability benefit (must have been a miracle cure).
                              Of course I was still claiming the disability benefit, and still being paid it, it was entirely a DWP error.
                              (I was told, not in writing, that it's very easy to click the wrong button on a certain DWP computer form, and happens frequently).
                              It still took 2 months to get the DWP to admit their error, and then to sort it out with the council.
                              Luckilly I have an understanding LL who did get the rent once it was sorted.

                              Comment

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