Universal credit still no rent after 6 weeks what do I do

[Bixwier]

As has been said the problem is the tenant can request back any UC that went directly to LL

[jpkeates]

As has been said the problem is the tenant can request back any UC that went directly to LL

No, a tenant can't do that.

The DWP can claim the payments back if they believe they shouldn't have been made.
The tenant's actions can cause that, but they can't request it - and if the DWP claim the money back, they keep it not give it to the tenant.

[Bixwier]

No, a tenant can't do that.

The DWP can claim the payments back if they believe they shouldn't have been made.
The tenant's actions can cause that, but they can't request it - and if the DWP claim the money back, they keep it not give it to the tenant.

I hear of a LL who claimed directly to be paid tenants UC

then the tenant claimed he needed it and the UC went back to tenant

[jpkeates]

I hear of a LL who claimed directly to be paid tenants UC

then the tenant claimed he needed it and the UC went back to tenant

The tenant has to agree that part of their Universal Credit can be paid directly to the landlord.
So if they don't agree, the money continues to be paid to them.

That doesn't mean that they can claim back any money already paid.

[nukecad]

I hear of a LL who claimed directly to be paid tenants UC

then the tenant claimed he needed it and the UC went back to tenant

Read the reply I made to another of your posts here:
https://forums.landlordzone.co.uk/fo...-request/page3

That explains how it all works, and how the DWP (not the council) recover any overpayments.

[platforminc]

Does anyone have a valid s8 template that I can use and are there any gotchas that I need to be aware of when serving a s8 ?

The T are now 2 months in arrears.

Thanks

[Bixwier]

Does anyone have a valid s8 template that I can use and are there any gotchas that I need to be aware of when serving a s8 ?

The T are now 2 months in arrears.

Thanks

I think you have to wait until six months arrears before you can join the que in the backlog

[jpkeates]

Does anyone have a valid s8 template that I can use and are there any gotchas that I need to be aware of when serving a s8 ?

The T are now 2 months in arrears.

You should use the form on the gov.uk website, there's no flexibility with the format.

The most common mistake completing the form is not including the full text of the grounds that you wish to use.

For two weeks rent owed, you will need to give six month's notice.

The most common issue with the process itself (other than the inordinate length of time that it takes) is that the tenant can defend the claim by claiming an element of disrepair (hot water not working) on the day of the hearing without ever mentioning it before.

If you can, do a check of the state of the property before any court hearing.

I'd also serve a s21 notice at the same time.

If you've not done this before, you may want to consider using a specialist company (see this site's directory section).

[Bixwier]

Realistically the courts have a massive massive backlog and it’s going to take even longer than normal due to social distancing and restrictions.

The eviction ban has been extended again and again ever since the first time it was extended. The word on the street is that it’s going to be extended right up to May the 4th when it will be called breathing space. This will be an indefinite eviction ban for those who qualify.

for those LLs who do actually get to the front of the backlog, the courts are looking for anything to throw it out of court and you have to go to the back of the line. Even if everything was correct in the application.

the real elephant in the room is the problem is what will happen to all these tenants who are losing their jobs/incomes and mental health and can’t pay rent anymore?

where will they all go?

there are plenty of empty properties around but the asking prices are too high for universal credit? Rents will have to fall down to meet this new normal

the other thing is councils are telling telling tenants to stay in the homes until actually evicted by bailiffs and there is a backlog waiting list here too

then the fact is that if it gets to bailiff turning up at the door all the tenant has to do is say they are shielding due to symptoms and the eviction is called off and you are back to square one

they are not allowed to go anywhere near a suspected Covid case and no way allowed to evict them......

[platforminc]

its a bad situation right now reading all of the above. Now here is the thing, I sent the T a letter last week just to wake them up. Turns out that the T was in receipt of some kind of benefit and UC is new to them, according to T, they were hoping that they could remain on that benefit, I think its called tax credit or so, she mentioned it to me last week. I was pretty pissed because I made it clear 3 months ago that what she needs to apply for is UC, being that all benefits have now been combined into one.

I am not happy and the T knows this, the T also told me that they have now made the application in the last 2 days or so, I asked for a reference number, I was told there is none. I was also told that the husband is scheduled for a call in a few days time to ascertain his circumstances.

Now, I see a few options.

Option 1, the council who introduced the T have a bond scheme which I can claim from, its meant for damages/arrears etc. It covers say 1 months rent, If I claim from that then at the end of the tenancy, if they ruin the house then I am on my own. TBH, the place was rented unfurnished, all they can damage is the kitchen, floor, plumbing etc. I can claim the maximum from this bond, and know that at the end of the tenancy, if there is a damage, no further help. I have only been paid for 1 month so far, so 2 months in arrears currently.

Option 2, try to work with them and be patient but not serve any S8 notice for now because I am wary of the T sticking the fingers up, at the moment the system is not on my side with time/delays etc.

Option 3. Serve them a S8 and S21 now and deal with the consequences.


Thoughts please.

[jpkeates]

I think that you might need to talk to the tenant again, but this time to see if you can form the opinion that they are just struggling with the process, are not very bright or organised, or pretending to be in order to string you along.

If the tenants are hoping to receive housing benefits (which they don't seem to have been receiving before, because tax credits is a different kind of, now deprecated, benefit) they'll have to receive them as an element of universal credit. The tenant would have a reference if they have made a claim for universal credit that's made it into the system.

If they've applied for UC their tax credits will have ended - that seems to happen automatically.

If you think they're stringing you along or you aren't sure they're not, I'd serve notice (having told the tenant you're going to have to because there doesn't seem any progress at all after three months).

There are horrible delays in Universal Credit, but while this thread has existed, someone I know has lost their job, applied for UC and received a first payment, so it's not impossible.

Alternatively, speak to the local authority who persuaded you to take on this mess and tell them you're about to serve notice on the tenant because they're not paying rent.

[nukecad]

Get yourself up to speed with Universal Credit and what it means for landlords.

https://www.gov.uk/government/public...-for-landlords

TBH this change from old benefits to UC has been going on for a number of years now, it puzzles me why UC still seems to be a surprise to many people.