Tenant choosing not to pay rent!

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    Tenant choosing not to pay rent!

    Hi

    I have issued my tenant with notice to leave the house as they did not pay rent. She lost her job and couldn't afford to live there and I was sympathetic to them re this. I have since found out that they had enough money in the bank to pay the rent but have chosen not too! They still have a few weeks in the flat and are deemed to have made themselves homeless through non payment of rent etc. Is there anyway that I can speed up their removal?. This seems grossly unfair, as I am in debt and no doubt they are saving their housing benefit etc for the next place. I am tempted to contact the whomever pays housing benefit and advise them what this couple are doing. I am also thinking that now may be the time to start court action to try and recover arrears. At least I know where they currently live. Any thoughts please? Thanks

    #2
    If you are in debt, it means that you did not have adequate reserves in the first place.

    In their circumstances, it will probably pay them to wait it out till the bailiffs. If there is any chance that they will find another landlord, it is not in your selfish interest to rock the boat, although doing so may be in the wider public interest.

    Comment


      #3
      Your notice doesn't end the tenancy, so you may have to go to court to remove them.
      Unless your tenant has agreed to it, it's unlikely the housing department will discuss the tenant's situation with you.
      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
        Thank you. I am not expecting housing to discuss the tenants situation with me however I am very tempted to let them know that they are claiming money for rent and not paying it. I shall see how it pans out

        Comment


          #5
          I would take the time to ensure they had a nice CCJ to prevent them gaining credit in the future, this is the minimum i would do.

          Comment


            #6
            You used to be able to get the old Housing Benefit paid directly to you as LL if the tenant did not pay for 8 weeks. I did this once. The tenant was absolutely furious that I had taken away her spending money.....
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              Fiona it sounds like you haven't adequately planned , how are you in debt ?

              I think its possible to have housing benefit paid directly to you to get them out you have to issue s21 , then claim from them unpaid rent .I would join RLA and use advice line . Its excellent .

              Comment


                #8
                Originally posted by islandgirl View Post
                You used to be able to get the old Housing Benefit paid directly to you as LL if the tenant did not pay for 8 weeks. I did this once. The tenant was absolutely furious that I had taken away her spending money.....
                Nice one I would have loved to see their faces when it happened. Of course I'm sure they put the pressure on you by saying my children can't eat now or go to school

                Comment


                  #9
                  Although I have a question is it possible if you issue an S21 cannot Chase a tenant for unpaid rent?

                  Comment


                    #10
                    The two processes are completely separate.

                    The issue with chasing for unpaid rent through the courts is that you're best advised to wait until you know the final amount owed.
                    Courts don't like a series of connected claims for overdue rent.
                    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
                      Originally posted by islandgirl View Post
                      You used to be able to get the old Housing Benefit paid directly to you as LL if the tenant did not pay for 8 weeks. I did this once. The tenant was absolutely furious that I had taken away her spending money.....
                      Isn't this still the case? OP I would just contact the council NOW and inform them of the rent arrears. Keep it brief and factual. You've a far better chance this way of getting the rent than going after them via the courts at a later point.

                      Comment


                        #12
                        Wainwright I was not sure if the rules had changed since I did this but may be worth a try!
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #13
                          If they are getting HB or UC housing element then what they actually spend it on is their choice, if they don't pay their rent they will be evicted.
                          The council/DWP will not be interested in that at all.

                          If they are claiming benefit for their rent then you have to know which benefit it is.
                          There are 2 different ones in force and people confuse things by using just Housing Benefit for them both.

                          The rules for direct payment of Housing Benefit (from the council) to LLs are still the same as they always were.

                          However with Universal Credit Housing Element (from the DWP) the rules are different.
                          The qualifying rules for a LL to ask for direct payments are similar, but the 'Managed Payment to Landlord' itself is different.
                          See Section 8 of this guide for landlords:
                          https://www.gov.uk/government/public...-for-landlords

                          Comment


                            #14
                            Originally posted by islandgirl View Post
                            Wainwright I was not sure if the rules had changed since I did this but may be worth a try!
                            So did I! On only a (albeit fairly strong) suspicion T was in receipt of LHA, I called the council and told them he had stopped paying rent! They suspended the claim from there on. Just knew he was planning on doing a runner (minus the rent, in this case!) and turned out again I was right. So yes, def worth a shot!

                            Comment


                              #15
                              Originally posted by Wainwright View Post
                              So did I! On only a (albeit fairly strong) suspicion T was in receipt of LHA, I called the council and told them he had stopped paying rent! They suspended the claim from there on. Just knew he was planning on doing a runner (minus the rent, in this case!) and turned out again I was right. So yes, def worth a shot!
                              The will have stopped paying him HB because he has left the property; not because he wasn't passing it on to you.

                              The law is clear on this, as long as the tenant is living in the property then they are entitled to claim, and be paid, HB or UC-HE benefit. (If they meet the other qualifying conditions).

                              Once that benefit is paid it becomes the tenants money and there is no obligation in law that the tenant actually passes it on to the LL.

                              We frequently see LLs here who don't seem to understand that simple legal principle.
                              It's the claimants right to claim and be paid benefit, not the LLs. Any benefit paid belongs to the claimant not the LL.
                              What the claimant then does with that benefit income is then up to the claimant, just as what a working person does with their income is up to them.

                              This is made clearer with UC-HE than it was with HB. (Although it was still aways the case with HB as well).
                              Although a LL (or T) can apply to have rent benefit paid directly he does not have a right to insist on it. (Even if the T is in arrears).

                              Comment

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