Rent arrears recovery options

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  • Ted.E.Bear
    replied
    Originally posted by Jon66 View Post
    The Op has not suggested a direct deduction from benefits
    His other thread on the subject has brought that up.
    Private landlords can apply for direct payments to cover rent arrears, but this only applies to the current landlord.

    https://www.gov.uk/government/public...l-credit-claim

    "The maximum rate at which deductions for rent arrears can be made is 20% of the Universal Credit standard amount. This amount may differ depending on whether other deductions or any sanctions or fraud penalties apply."

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  • theartfullodger
    replied
    Us? Who us? ....

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  • Jon66
    replied
    Originally posted by theartfullodger View Post
    Think yes, £3:60 but only if landlord is council or housing association. Private landlord can;t I think touch benefits.
    The Op has not suggested a direct deduction from benefits but wanted to know from where the £3.60 originates and wishes to set up a payment plan. It's commendable that a person is making an effort. £3.60 is a small amount to us, but 5% of your income is significant to many people.

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  • theartfullodger
    replied
    Think yes, £3:60 but only if landlord is council or housing association. Private landlord can;t I think touch benefits.

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  • Jon66
    replied
    Former tenant rent arrears are not a priority debt.

    Yes it is 5% of the single person income support rate. But this should only be offered at that rate if the person has no income other than means tested benefits.

    Offering the smallest amount possible is sensible but I always used to advocate paying as much as possible over the agreed rate to reduce the arrears as quickly as possible.

    If you are worried they won't accept that, make it a part 36 offer, so you may avoid costs if taken to court. See part 36 of the civil procedure rules.

    Leave a comment:


  • jpucng62
    replied
    Can't advised as to the law however I would I imagine that a LL would be unlikely to accept £3.60 pw as even with small arrears this would take forever to pay off. Offer what can be afforded so that you minimise the risk of being taken to court and having a CCJ imposed.

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  • ruttger
    replied
    Hi, is it correct that the maximum recovery permitted from benefits for rent arrears is £3.60 per week?
    Just trying to help my friend who is an ex-tenant and unfortunately ran up some rent arrears but I am trying to sort out a repayment plan. I had initially offered £10 per week repayment but my sister is a social worker and said only offer £3.60 per week because this is the maximum that a Court could order but she couldn't point me in the direction of any legislation. So far all I have is what she has said and I need something more concrete. Does anyone here know please? thanks

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  • ruttger
    replied
    Thank you Hudson I greatly appreciate this advice.

    I have started screenshotting the evidence for the police report.

    The landlord doesn't actually know where his ex-tenant now lives and I don't intend to tell him, but I have a signed letter saying I can act on his behalf, so all correspondence will come through me.

    Whilst I have never advocating withholding rent, I feel that poor conditions of the apartment could be argued against the arrears, particularly as at one point during last winter there was a hole in the roof and pigeons were nesting in the attic and one even escaped into the bedroom. Fortunately I have photos and videos of all the problems.

    Sadly, a loan company has offered a loan to my friend. I have advised him to turn it down as that is only going to make matters worse.

    It's difficult reading but I have read elsewhere on this forum that those on the legacy benefits are capped at having to repay a very small figure back each week, something like £3.70 per week for rent arrears. Is there anyone who is an expert on this area of law, or can provide a link to the legislation so I can look into this?

    Thank you again

    Leave a comment:


  • Hudson01
    replied
    As said above, withholding rent was a bad idea but...... he is where he is right now but the idea of being arrested is ridiculous, its all bluff. The post about reporting his threats to the police is the right one, he could be that unpleasant that he will do something, most do not but then again is it worth the risk, report any threats to harm or damage property. The landlord knows that with your friend on benefits his chance of getting all the money back is practically nil and he is angry. The idea of your friend obtaining a loan for the £6k is also a non starter..... what lender in their right mind would advance that sort of money to someone who's sole income is from benefits ? If the landlord wants the money then he has to go to court like the rest of us and take his chances (however slim they may be). Do not accept threats as a natural consequence of owing money.... it is illegal, involve the Police.

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  • jpkeates
    replied
    Originally posted by ruttger View Post
    Saying that he intends to get the Court to order that every penny of the ex-tenant's benefits will be seized. Surely this isn't possible?
    No it isn't.

    I have offered £10 per week repayment.
    Do you know what a Court would order?
    If the landlord doesn't accept the payment plan offered, the landlord is actually going to have a tougher time in court.

    The ex-tenant can't afford anymore. He has credit card debts and the source of income is all DWP benefits.
    This person needs some help, because they can't afford to live where and how they are trying to live.

    Leave a comment:


  • Ted.E.Bear
    replied
    Originally posted by ruttger View Post
    Saying that he intends to get the Court to order that every penny of the ex-tenant's benefits will be seized. Surely this isn't possible?
    Of course it isn't - they won't deduct anything from benefits to pay an ex-landlord.
    https://www.gov.uk/government/public...plier-handbook

    Bailiffs could seize assets, like a car, but must leave essential items.
    https://www.citizensadvice.org.uk/de...iffs-can-take/

    Leave a comment:


  • theartfullodger
    replied
    Keep txts (? or screenshots of..) and any other evidence.

    See this for advice on harassment...
    https://england.shelter.org.uk/housi...ivate_landlord


    So sorry, this sort of landlord should be deported, regardless of their nationality or origin, the ruining things for decent landlords. Good luck & best wishes

    You could always refer this toad of a landlord to this thread..

    Leave a comment:


  • ruttger
    replied
    Thank you for all the replies.
    The ex-landlord has texted me and is now getting very abusive.
    Saying that he intends to get the Court to order that every penny of the ex-tenant's benefits will be seized. Surely this isn't possible?
    I have tried to explain calmly to defuse the situation but this is one very angry and unpleasant landlord.
    I have offered £10 per week repayment.
    Do you know what a Court would order?
    The ex-tenant can't afford anymore. He has credit card debts and the source of income is all DWP benefits.

    Leave a comment:


  • boletus
    replied
    Originally posted by jpkeates View Post
    You can't go to prison for owing money (other than for council tax).
    You sort of can if you go down a certain route, for contempt of court.

    Leave a comment:


  • theartfullodger
    replied
    If any heavies turn up or any actions giving rise to concern tenant should 'phone 999 and later request a CRN (crime ref number).

    Landlords and their agents/heavies can and have been fined and/or imprisoned for harassment or illegal eviction.

    And keep a log of any threats are unpleasant actions.
    .
    Feel free to call Shelter free helpline 0808 800 4444. but expect a wait.

    Leave a comment:

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