I Have possession but tenant wants to stay, which is fine but....

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    I Have possession but tenant wants to stay, which is fine but....

    Hello I have been through a court case for possession of my property as the tenant hasn't paid since November. She has apparently become very poorly and Is housebound. The local authority have offered to pay half of the arrears if I let her stay ( it's the only way I will get any money back) and to have her housing benefit paid directly to me. I am happy with this as it's in a very difficult area to rent, and she's been there a long time. Im just checking if anyone knows legally where I stand. I believe as long as there is still arrears on the account, and I don't issue a new tenancy, the possession order still stands? Not sure where I stand if I don't give her a new tenancy though.

    #2
    Are you mad? You prefer a tenant who presumably spends the benefit money rather than pay you rent, to someone else who might actually pay?

    Yeah, okay, you get half the arrears. What about next lot of arrears, when benefits get stopped?

    You know the idea of a new tenancy is to keep this loser housed at your cost for the next six months, don't you? Don't fall for it. Get em out!

    Comment


      #3
      Unless the possession order has specific conditions (which is something I have never encountered), the order should valid for six years and shouldn't be affected by whether there are any arrears.

      I also wouldn't continue to rent to this tenant, but if you are prepared to, I would insist that the council pay all of the arrears, not half of them.
      You already have the possession order, so the council have no negotiation position.
      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


        #4
        If bowsfer executes the order for possession (s)he forgoes the arrears and has no guarantee for future rent.

        If (s)he holds back from executing the order (s)he gets half the arrears and future rent guaranteed. If benefits are stopped (s)he can execute the order

        Comment


          #5
          Originally posted by Lawcruncher View Post
          If bowsfer executes the order for possession (s)he forgoes the arrears and has no guarantee for future rent.
          By executing the order, the landlord isn't forgoing the arrears, just forgoing the council's offer to pay half of them.
          The arrears still exist and can be claimed (even though receiving any actual money seems a long shot).
          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


            #6
            SO they got paid the full amount of rent from council since November and haven't paid you a penny and you want to keep them, after going through a court case lol

            Comment


              #7
              Bowsfer's post suggests a considered pragmatic approach which contrasts with the knee-jerk reactions expressed by others.

              There are two options:

              1. Get rid of the tenant; effectively say goodbye to the arrears: risk a long void period; risk getting a non-paying tenant.

              2. Keep the tenant; get half the arrears (possibly more if the council are pressed); get the future rent guaranteed; retain the right to evict if it all goes wrong.

              Comment


                #8
                Originally posted by Lawcruncher View Post

                2. Keep the tenant; get half the arrears (possibly more if the council are pressed); get the future rent guaranteed; retain the right to evict if it all goes wrong.
                Far from guaranteed, LC. Tenant has to jump through a number of hoops to get benefits. Why bother with that, if he isn't getting the cash?

                Comment


                  #9
                  BEnefits around me are all going to universal credits and nothing is guaranteed, far from it and what claimants are entitled to seems to change like the weather. I wont be taking any tenants claiming any kind from now on, rather sit property empty

                  Comment


                    #10
                    I think our views are being coloured because we don't have some essential information.

                    If the tenant has been receiving a full set of benefits since November and not passing them on as rent, that might be excused by being ill, but is one possible scenario.

                    If the tenant had fallen ill and wasn't receiving benefits at all (or less than they should) and consequently was unable to pay rent, that would be completely different.
                    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


                      #11
                      I am one of those landlords who have never and will never rent to those on benefits but i do understand where the OP is coming from on this one, but as said above if (for whatever reason) their benefits stop in the future then you could be back to square one, also why is the tenant ill ? is it due to genuine illness where nothing can be done or is it down to the amount of booze consumed and/or drugs ? If the latter then they would be gone given all the other ASB which very often follows tenants like this. Its a difficult one but only you know how easy it is to rent your property in the area its in.

                      Comment


                        #12
                        Originally posted by bowsfer View Post
                        Im just checking if anyone knows legally where I stand. I believe as long as there is still arrears on the account, and I don't issue a new tenancy, the possession order still stands? Not sure where I stand if I don't give her a new tenancy though.
                        This question has not been answered (as far as I can see); only opinions on what OP should do have been offered.

                        So, what is the position regarding the possession order if a new tenancy is issued?
                        Can it still be enforced?

                        Originally posted by bowsfer View Post
                        I believe as long as there is still arrears on the account, and I don't issue a new tenancy, the possession order still stands
                        I think the PO stands even if all arrears are cleared, but others may know better.

                        Comment


                          #13
                          It seems to me that either the original set of tenants paid a deposit, which may have been protected, then subsequent residents are buying the right to the departing resident's share of the deposit.

                          Or, the tenants are maintaining their own pool of money, in which case, as they constitute the tenant I'm not sure any action for default could be taken.

                          The first case is common, but messy. The beat advice to landlords is to agree a surrender form all the previous tenants and simultaneously grant a new tenancy to the new combination, returning and retaking the deposits.

                          Comment


                            #14
                            ok i let mine to someone who was apparently 'on some sort of disability benefit' and despite this managed to spend all the rent on going out and didnt pay me rent for months - lied about going into hospital and lied about everything else - also left the house in a mess - beware

                            Comment


                              #15
                              Originally posted by leaseholder64 View Post
                              It seems to me that either the original set of tenants paid a deposit ...
                              I think you replied to the wrong thread.

                              Comment

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