My tenant lied to me

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  • Logical.Lean
    replied
    And 60 million people without access to basic health care.

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  • flyingfreehold
    replied
    Its just a different set of assumptions. If people get into trouble there are inevitable discussions are typically the offer of a move to cheaper accommodation. Over there its more like a phone bill, if you don't pay, you have to go. The USA is a tough bag of nails. There is not the social system we have in UK. Maybe that's a factor in the huge economic powerhouse that it is; one cannot imagine the scale of wealth without spending time there. But there is also homelessness....

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  • BobsToaster
    replied
    Originally posted by flyingfreehold View Post
    So different in USA;
    Sounds dreadful? How do you sleep/make peace with yourself?

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  • theartfullodger
    replied
    That UC and/or other benefits are paid in arrears is all very interesting but makes no difference to if rent is owed or not, or who owes rent. It's (almost always) the tenant who owes rent, and tenant claiming nothing owed as UC or HB is paid in arrears is talking twaddle..

    That an employed tenant is paid in arrears doesn't mean they don't owe if not paying in-full & on-time....

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  • BobsToaster
    replied
    Originally posted by Jon66 View Post
    There is normally a 5 week wait for UC not six
    Nope!

    In your world a 5 week wait would mean that all calendar months are only 4 weeks long. That would be 28 days. So you need to do some basic maths. On the basis of a 4 week assessment period (1 month in your world), the claimant would receive 13 payments (28 x 13 = 364 days in the year). As there aren't 13 months, it means some months have 4 weeks, others 5!

    At the end of that 5 week month, there is another 7 days delay before the payment is made! The only month a person will receive a UC payment in the 5th week is February, in all other months (all eleven of them), it will be made during the course of the 6th benefit week.

    If you're an agent of any property, or a landlord and you don't know how to calculate rent (monthly or weekly), you're in the wrong game! There are many ways to calculate rent, and those also give differing figures, but its never ever based on 4 week months as they don;t exist. A rental expressed 4 weekly is interpreted in law as a weekly rent payment!

    4 week months? LOL!

    Different ways of calculating rent:

    Monthly to weekly:

    x 12 / 52 (more)

    x12 / 365 (or 366) x 7 (less)

    But only a fool would calculate a month as 4 weeks because:

    4 x 12 = 48 (How many moths in a year? 48 you say? SLOL ! so yo're missing 4 weeks, hence some months are more than 4 weeks long, and what comes after 4, yes 5 then the additional weeks delay makes 6:

    5 + 1 = 6 !

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  • flyingfreehold
    replied
    So different in USA; if the tenant is late, a late payment fee is payable, typically $35 per day! . If the tenant is more than a week late the landlord can go down to the courthouse and get an eviction; amazingly enough the Sheriff will attend whilst the Tenant's belongings are placed on the sidewalk. A much more landlord friendly place to be a resi landlord.Different tricks to learn operating in the sub-tropics. As we are concerned with heating and EPCs over there, it is all about keeping the air con running more or less permanently to avoid what they call mold and we call mould. Being a landlord in the US with at least $500,000 in real estate means that you can apply to stay more or less for ever without a green card or becoming a US citizen should you agree not to take a salaried job that a Yank could do. There are stacks of things to buy. for what appears to be very little money, I probably would avoid downtown Detroit, sure there are bargains but tenants in distress have a habit of setting fire to the homes to resolve tenancy disputes - or shooting the landlord.!

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  • Jon66
    replied
    There is normally a 5 week wait for UC not six. One month from the initial date of claim is the assessment period, the payment is normally made on day 7 following the assessment period.

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  • BobsToaster
    replied
    Originally posted by Uklondoner View Post
    My tenant lied to me saying he missed the first universal credit payment. But actually according to one of my friend the payment normally only take two weeks to come directly to the bank account.
    Your friend is ill-informed. There is a 6 week delay in the first payment of UC. Its the law! What your friend might be referring to is that the UC claimant can request a payment in advance. Its unlikely you'll want them to do that! Thats because whatever 'advance' your tenant receives, they will have to pay it back via deductions from their on-gong UC entitlement, which is already paid at a very low amount before deductions, let alone after loan repayments to the DWP!

    So if you ask your tenant to make such a request to the DWP (they don't have to, and you have no legal/moral right to ask them to contact the DWP for an advance payment anyway) you're putting your indebted tenant into even more debt. The repayment they will then have to make to the DWP from their on-going UC entitlement, will result in them having even less money to buy food/clothes etc over the next 12 months, and so they are likely to be unable to pay their rent at a later date just because they are having to repay a debt you would have asked them to take out. Not sure any court would appreciate you doing that if you went for eviction at a later date?

    So what can you do? Well, for starters Ignore your ill-informed foolish friend, and ask your tenant to contact their local council and make an application for a DHP (Discretionary Housing Payment), which should cover some if not all of the arrears. You could then wave any remaining rent to keep the tenancy and secure your future income minimising the chances of any void periods in future, if you can work out an agreement with the tenant?

    P.S.

    Originally posted by Uklondoner View Post
    My tenant lied to me
    Now you're aware of the law, perhaps you owe your tenant an apology?

    P.P.S.
    Originally posted by Uklondoner View Post
    I really hate those rubbish people who think the landlord is stupid
    A less abrasive tone will usually pay dividends. Just sayin'!

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  • nukecad
    replied
    Originally posted by Uklondoner View Post
    The rent has to be two months or more in arrears? My case the tenant owe me less than two months can still do the form?
    That's the usual reason for a landlord requesting MPTL, but it doesn't have to be 2 months and it's not the only reason for granting MPTL.

    See section 2.1 of the Alternative Payments Arrangements guidance for other circumstances in which MPTL will be considered: https://www.gov.uk/government/public...t-arrangements

    Of course the covid situation is also changing guidance and criteria from week to week.

    PS. That particular link is given in the first page that I linked above, it's often a good idea to follow some of the links given on those guidance pages which will then give more details.
    You get used to picking out which links you should follow, and which bits you can ignore, once you get used to reading that style of DWP/govenment guidance.

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  • theartfullodger
    replied
    Originally posted by Perce View Post
    2 months required for S8
    Nope, 1p owing is ok for s8g10

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  • DPT57
    replied
    I think the OP means the UC47

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  • Perce
    replied
    2 months required for S8

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  • Uklondoner
    replied
    The rent has to be two months or more in arrears? My case the tenant owe me less than two months can still do the form?

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  • theartfullodger
    replied
    Originally posted by Uklondoner View Post
    ............... I really hate those rubbish people who think the landlord is stupid. Any advice please
    As a stupid landlord I take grave exception to your slur, Sir!

    Next week, amazing, unexpected, revelations that from time2time landlords lie to tenants.............. and agents from time2time lie to landlords AND tenants... and MPs & a particular special adviser seem to lie to most people most of the time

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  • Uklondoner
    replied
    Thanks so much !

    Leave a comment:

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