Tenant disruptive; seeks collusive letting to HB claimant

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  • Tenant disruptive; seeks collusive letting to HB claimant

    Let a small flat to a tenant on 19th Dec (AST weekly £70/week)...told me he's working, Recommended by other tenants (on HB) who I trust. (they are mortified by turn of events)

    I normally rent to HB tenants, with no real problems, but needed a tenant quickly this time, so took a working tenant. He looked OK, aged about 49.

    He paid two weeks rent. I arranged to come up in the new year to set up standing order etc...

    On that day I was invited into property to find two others in there. A "rough"-looking female, and another male. T told me, "How about putting the tenancy in her name, as she is on the dole and eligible for HB?"

    I immediately smelled a rat, and felt very uncomfortable, and made non-committal noises, took her details, etc... She was very pushy, trying to get me to do it there and then. Left them there, with no firm commitments.

    Made enquiries, found out she's a "nutter", who has been evicted previously elsewhere.

    No rent from T since (will be three weeks rent due next Monday) . Sent him a letter (including SAE) last week asking for outstanding rent. No response.

    Other tenants have since complained about "ding-dongs" between these two. Notice a pane of glass in their door has been broken. Rumours she may be a part-time prostitute.

    Want them out, with the least possible hassle. Section 8? What are the best grounds to use? Is the ground 17 any use (misrepresentation - I guess that was his plan all along to get her HB to pay the rent, but couldn't reveal her before he was in, because of her obvious problems)

    Presumably I'm in a reasonably strong position - he's still the tenant, and I think I know where he works (what's the best way of confirming that, btw?)

    All advice gratefully appreciated..

  • #2
    Section 8 of Housing Act 1988: see grounds 10/11/12/13/14/15/17, as applicable. These are all discretionary-only, though.

    BUT the rent is weekly. Did you provide a rent book? See s.4 of LTA 1985.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      No I didn't provide a rent book, as the idea was he would set-up a standing order from his bank. On the day I went up to see him I was faced with a difficult new situation, and I suppose I just froze, waiting to see what their next move would be...

      I suppose I could drop him a rent-book in the post if it might be an issue in possession proceedings? I don't really want to have any more direct contact.

      Comment


      • #4
        No rent book = criminal offence; so see to it ASAP!!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Well thanks for that. That's a new one on me! I'll get one asap. How should I give it to him (if I want no further contact with him)?

          Anything else I ought to check before giving him notice?

          Comment


          • #6
            Originally posted by RodCrosby View Post
            Well thanks for that. That's a new one on me! I'll get one asap. How should I give it to him (if I want no further contact with him)?
            Royal Mail Special Delivery (recorded, guaranteed, signed-for delivery by 1pm next day, proof of postage also supplied. Trackable online. About £4).
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              And if they refuse to sign? Presumably it'll be returned to me. Will that be proof enough that I attempted to give him a rent book?

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              • #8
                I've sent him a rent book and reminder letters, but no response. According to other tenants he's still there with this woman.

                Now I get a letter from the Council Tax dept "I would ask you to confirm that Mr X has not moved into the property and is not a tenant of yourselves. Information from Mr. X states that due to circumstances he has not moved in and I would ask you to confirm whether it is his intention to move in at all. Please contact us as soon as possible... otherwise we will assume that Mr. X is not a tenant and revert any council tax back to yourself."

                WTF? He's now telling he council he's not living there, and they believe him!
                Advice please...

                Is this letter any use to me in proving abandonment? Or as help in obtaining possession?

                The tenancy started on 19th December 2008, so I presume that I am now able to start Section 8 proceedings?

                Comment


                • #9
                  Stumped, eh?

                  How can the Council entertain such drivel, when he must have picked up their Council Tax demand at the property in question? If he claims he's not living in my flat, they must have asked him "Where are you living then?"

                  What's my best move?
                  If he claims he's not living there, how can I "evict" him, and the woman he's co-habiting with?

                  Comment


                  • #10
                    Originally posted by RodCrosby View Post
                    Stumped, eh?

                    How can the Council entertain such drivel, when he must have picked up their Council Tax demand at the property in question? If he claims he's not living in my flat, they must have asked him "Where are you living then?"
                    Your first post mentions that you have an AST (signed I assume). Write back to the council INCLUDING a copy of the signed AST (and of course tell them he does live there because he obviously opened the letter!).

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                    • #11
                      Yes I have a signed AST...

                      Why not just cut my losses with this joker and "change the locks, etc" while they are out?

                      How can he claim unlawful eviction if he's told the Council "due to circumstances" he "has not moved into the property and therefore is not a tenant of yourselves"?

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                      • #12
                        That is.... interesting....

                        I had been about to say illegal eviction, and I am sure it is, but it is interesting from a stand point if he has stated (in writing perhaps) that he does not actually reside at your property.

                        Personally - I'd go the formal route, but the way you suggest might work if he doesn't know the law.

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                        • #13
                          Do not change the locks!, it potentially makes your losses much higher not lessens them.

                          Although Frustating this will not bring an end to the problem, more likely to escalate them.

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                          • #14
                            Or if I go down Section 8 route is the Council letter any use to me, as evidence of misrepresentation, etc - that he has either repudiated the contract or sub-let?

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                            • #15
                              That council letter is asking you to confirm the situation, it does not directly say what they may have been told by the problem tenant.
                              I also post as Moderator2 when moderating

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