Tenants in arrears - waiting for benefits

[boletus]

https://www.upad.co.uk/hub/essential...20from%20court.

If your last gas safety certificate has expired due to the tenant refusing entry, and you can demonstrate the tenant has a copy of the most recent check, the section 21 is still legally enforceable.

[acshaw]

That isn't correct.

Please can you clarify? For several reasons, I have a Gas Safe that is 6 months out of date. The Section 21 has expired and I'm ready to carry on with proceedings (tenant was given gas safe at start of tenancy) - but if it's going to cause me problems I'll re-issue the S21. Any thoughts please would be gratefully received.

[Hudson01]

As said in other posts, they are totally taking the mickey, with that level of arrears they need to be on the streets asap.

I would have given them notice a lot earlier on, as soon as the '' signs '' start (late payments, decorating without permission, not allowing you in etc) i would have got rid of them at that point.

The market is crazy right now and i suspect these morons do not understand that, once homeless they may have an inkling, as for the adult son who is not working........... businesses all over the country are crying out for workers, he is just lazy.

Get rid now.

[boletus]

Ah well, Foxtons told me that I needed to supply them with a valid Gas Safety Certificate before they could serve the tenants with the section 21 two months notice to leave.

If they told you that, they were wrong.

And if you believed it, (as someone with an above average knowledge of L&T law), what are Sid and Nancy on benefits going to think when someone down the pub tells them they can't be evicted if they refuse gas safety inspections?

[Covent Garden Girl]

That isn't correct.

Ah well, Foxtons told me that I needed to supply them with a valid Gas Safety Certificate before they could serve the tenants with the section 21 two months notice to leave.

If that's not right, then they told me the wrong thing.

[theartfullodger]

....

By not letting in the gas safety certificate man, that means that you do not have an up to date gas safety certificate, and thus you cannot give them notice to leave,.....!

AFAIK a "Notice to leave" only exists and covered by legislation in Scotland.

[boletus]

By not letting in the gas safety certificate man, that means that you do not have an up to date gas safety certificate, and thus you cannot give them notice to leave, because if you fail to have an up to date gas safety certificate the notice is invalid.

That isn't correct.

[Covent Garden Girl]

I'm not sure how you classify them as ok tenants - decorating without consulting with you, refusing you access to the property, refusing to let the gas safety certificate man in, when by law you have to do that certificate. I assume you gave them the appropriate written notice to enter the property, pursuant to the lease.

By not letting in the gas safety certificate man, that means that you do not have an up to date gas safety certificate, and thus you cannot give them notice to leave, because if you fail to have an up to date gas safety certificate the notice is invalid.

I think they are playing you. I would start all the necessary proceedings to get rid of these tenants. Don't fall for the sob stories, the world is full of sob stories. Don't decide it's hassle - do you want them to live for free in your property for ever? Get rid of them!

[ash72]

Serve notice on your T's, T's on benefits face no penalties or consequences for their actions, if they don't pass on the rent and spend the money else where. Do not try to be helpful, be professional, and wait for their defence, I'm sure it wont be flattering towards you. S21 is your best bet before it is removed, act quickly.

[boletus]

but what if they’re claiming Universal Credit and not passing the rent on to me?

The housing element of universal credit is for them to pay their rent, which is why there is provision for landlords to apply for direct rent payment if they are not doing;

https://directpayment.universal-credit.service.gov.uk/

(Worth trying even if you don't know for sure that they are claiming.)

[theartfullodger]

There is no way on earth that someone entitled to benefits isn't getting them.
T..........

Tragically this ain't true.

A mixture of including....
- over-aggressive rejection of claims by those handling them (often commercial organisations) - particularly PiP, DLA etc ...
- people not claiming as they don't think they deserve them.. (I have a close relative in this category...)
- people not claiming as they are too busy with other crises in their lives.... (have another close relo in this box, too busy sorting out consequences of death of partner etc etc - she will get round to it..)
- people not claiming due to lack of access to advice, internet, awareness etc etc..

see...
https://www.entitledto.co.uk/blog/20...med-each-year/

Our annual review suggests about £15 billion of benefits remain unclaimed each year

February 25, 2022

Landlords can help tenants in various ways, including pointing them at gov.uk benefit calculators as many of us know...

https://www.gov.uk/benefits-calculators

Best regards to all

[jpkeates]

There is no way on earth that someone entitled to benefits isn't getting them.
There may be a delay initially, and it's quite easy to be sanctioned having started to receive them.

But anyone who claims that they're not getting them is either not entitled to them or lying.

[theartfullodger]

,,...
If not, I’ll just wait the required time and take action.

theartfullodger - could you clarify what SO’s means please?


Many thanks

SO's is a typo for S8s... (age, stupidity...)

Re.

but what if they’re claiming Universal Credit and not passing the rent on to me?

I spend my "Winter Fuel Allowance" on wine not utility bills, my £10 Xmas bonus on a pagan organisation etc etc etc...

Is that wrong?

[nukecad]

.. what if they’re claiming Universal Credit and not passing the rent on to me?

That is entirely their choice, it's their benefit entitlement not yours, and they can spend it on what they like.

Of course that's exactly the same as with a working tenant, if you don't pay your rent then you'll get evicted.

Ttheir benefits situation is a red herring here, they are not paying their rent so just like any other non-payer s8 and s21 eviction notices are needed.

If they get their benefits sorted out and start paying the rent and arrears then fair enough, the eviction notice should give them all the incentive they need to get their fingers out and get things sorted.

It's quite possible that they have claimed UC, and are getting paid a Housing Element but using it to live on instead of paying the rent because the rest is taking a long time to sort out.
You can only ask them if that is what is happening, and reinforcet that if they don't pay the rent they are going to be out on the streets.

As regards info on UC, and other benefits they may be able to claim:

A new UC claim takes 5 weeks to get the first payment after making a claim, but you can get an 'advance' of up to a months UC payment as soon as your ID has been verified. (If you take an advance it has to be paid back over up to 2 years by deduction from your ongoing UC).

Self employment can be a PITA with UC, there are all kinds of complicated rules about SE in UC.
It just gets more complicated if the SE is intermittent as his seems to be, with self employment UC can treat you as earning a certain amount each month even though you are not earning anything.

If her cancer is terminal then there is extra money in UC that she can get automatically with no need for an assessment, the LCWRA element. (Limited Capability for Work and Work Related Activity).
She can also claim PIP automatically, with no need for an assessment.
Not all cancers are terminal, to quailfy for the benefits automatically you have to be expected to live less than 12 months (6 for PIP but that will soon be changing to 12 as well).
She could still qualify for the extra in UC, and for PIP, if not terminal but she'd need assessments for each which are currently taking 6 to 9 months for each.

The Adult son needs to make his own benefits claim if he is not working.
That could be for UC, of for Jobseekers Allowance if he has paid enough NI in the last 2 tax years. (It's posible to claim both UC and JSA at the same time, but the JSA payment gets deducted from the UC payment).

[royw]

They are taking the p*ss. They owe you over £8k and you are thinking of letting them stay?? In the current climate anyone can get a job if they want one so why are they 'waiting for benefits'?