Devious tenant's excuses for rent arrears

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Devious tenant's excuses for rent arrears

    I just wanted to vent my frustration...it's a long story, so please bare with me.
    Rented out to a couple with a small child on HB. First few months paid - granted never on time, but after a bit of a nudge every month received the rent. No problem. Then after 4 months, 2 days before rent was due got a text message from the tenant saying his mother died and he has to go abroad immediately because of this his housing benefit has stopped and that his partner would take over - this would mean they would be a couple of days late with rent. He was apologetic and i replied i understood and i was sorry for his loss. I think you can guess what happened next - nada. I followed it up with his partner 2 weeks later and was assured that all the paper work was submitted and that the Housing Authority would start paying and back date it. A month passed. Two months. Finally spoke to a helpful person from HA and found out they had paid the tenants all the rent - he was paid in full and that his partner was now receiving full amount for my property - none which i have received and also did i know that the boyfriend was now receiving HB for another property as he had informed them he no longer lived there - the date he said he had to go abroad for his mother's funeral! I know he is still living at my property - his Mercedes is parked outside every single day. I told HA this and of the rent arrears and they didn't seem very helpful at all. i was told the rent would not be paid to me directly since it was only a month since they had started to pay the girlfriend. When i said what about the 2 months the boyfriend was receiving before that - i was told i would have to go to small claims court and it wasn't their problem.
    When i told the boyfriend i knew he received the money from the HA - he first denied it and then when i told him exact dates, he said that before he could transfer the money to myself, his mobile direct debit took the money! and that he didn't have it anymore.
    I have served Sec 21 as i want them out of there as soon as possible - i am just frustrated how they can get away with it - they have taken approx 3000 in housing benefit and kept it and on top of that God knows how much he is receiving for this "other" house. No doubt he is renting it out to someone else and keeping the difference. I have sent a letter to HA in writing to let them know he was still with his partner and child and living at my property - but i don't know how much notice they will take of that. On the phone, they didn't seem too bothered. He's told me he's just visiting but neighbours have told me he's there day and night and the next morning.
    Also, ever since i informed them i was in the process of evicting them, he has put up this car for sale for 5000 - so that if i want to take him to scc he could say he didn't have the money - he smugly told me so! The deviousness is amazing.
    I know i won't see any money and they still get to live at a place rent free and get paid for it as well. It's all so frustrating.....

    #2
    Originally posted by MaryQK View Post
    I just wanted to vent my frustration...it's a long story, so please bare with me.
    Rented out to a couple with a small child on HB. First few months paid - granted never on time, but after a bit of a nudge every month received the rent. No problem. Then after 4 months, 2 days before rent was due got a text message from the tenant saying his mother died and he has to go abroad immediately because of this his housing benefit has stopped and that his partner would take over - this would mean they would be a couple of days late with rent. He was apologetic and i replied i understood and i was sorry for his loss. I think you can guess what happened next - nada. I followed it up with his partner 2 weeks later and was assured that all the paper work was submitted and that the Housing Authority would start paying and back date it. A month passed. Two months. Finally spoke to a helpful person from HA and found out they had paid the tenants all the rent - he was paid in full and that his partner was now receiving full amount for my property - none which i have received and also did i know that the boyfriend was now receiving HB for another property as he had informed them he no longer lived there - the date he said he had to go abroad for his mother's funeral! I know he is still living at my property - his Mercedes is parked outside every single day. I told HA this and of the rent arrears and they didn't seem very helpful at all. i was told the rent would not be paid to me directly since it was only a month since they had started to pay the girlfriend. When i said what about the 2 months the boyfriend was receiving before that - i was told i would have to go to small claims court and it wasn't their problem.
    When i told the boyfriend i knew he received the money from the HA - he first denied it and then when i told him exact dates, he said that before he could transfer the money to myself, his mobile direct debit took the money! and that he didn't have it anymore.
    I have served Sec 21 as i want them out of there as soon as possible - i am just frustrated how they can get away with it - they have taken approx 3000 in housing benefit and kept it and on top of that God knows how much he is receiving for this "other" house. No doubt he is renting it out to someone else and keeping the difference. I have sent a letter to HA in writing to let them know he was still with his partner and child and living at my property - but i don't know how much notice they will take of that. On the phone, they didn't seem too bothered. He's told me he's just visiting but neighbours have told me he's there day and night and the next morning.
    Also, ever since i informed them i was in the process of evicting them, he has put up this car for sale for 5000 - so that if i want to take him to scc he could say he didn't have the money - he smugly told me so! The deviousness is amazing.
    I know i won't see any money and they still get to live at a place rent free and get paid for it as well. It's all so frustrating.....
    I am really sympathetic with your situation, it is beyond me how people are allowed to get away with claiming (taxpayers) money that has been given specifically for the purposes of using to pay their rent for flash cars, mobile phones, gambling and fags.

    It has to be fraud !, only in the cess pit of the UK would this be allowed.

    If you post a few more details such as they type and length of tenancy, then people on her could advice you of the quickest route to evict your tenants.

    good luck

    Comment


      #3
      I think you should have served a section 8 notice since they were more than two months in arrears. Some of the more experienced members may disagree.

      I've had some terrible experiences with Housing Benefit tenants and I would always advice friends and family to avoid them like the plague, this is not to say that they are all bad but they are more hassle than they are worth!

      Comment


        #4
        Thanks for the feedback. I'm already in the process of evicting them via S.21. I had been thinking of using S.8 as well but reading info on this forum and advice from others, it seems its not such a good idea to use both S.21 and S.8 at the same time.
        Any feedback is much appreciated. I just wish there was a way i could warn other potential landlords - i am sure they have done this before - it just seems too smooth, how they went about it all. Do you think the Housing Authority will take my letter seriously or do you think i should just send a copy of the letter to the Benefit Fraud Dept as well. No doubt it will mean suspension of all HB for both of them - so there is not even a remote chance i would receive any money at all - even though they are living at my property, but it just might be worth it...it doesn't help seeing among the garbage put out for collection a huge box for a 42 inch plasma tv!

        Comment


          #5
          Originally posted by MaryQK View Post
          Any feedback is much appreciated. I just wish there was a way i could warn other potential landlords - i am sure they have done this before - it just seems too smooth, how they went about it all. Do you think the Housing Authority will take my letter seriously or do you think i should just send a copy of the letter to the Benefit Fraud Dept as well.
          Eviction under s21 is a no-fault termination. It may well be that the council might even rehouse them, as they may not be able to class them as intentionally homeless (in this respect, your letter may not be of any significance if such evidence is not permitted under their published* policy of assessing homelessness).

          * The policy is normally published and in the public domain so that it can be seen that there is no favouritism for anyone gaining public sector house.
          On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

          Comment


            #6
            If you are still in the fixed term of your tenancy you will need to serve a properly drafted section 8 notice, as s21 will only seek to end tenancy after the fixed term.

            For a rent arrears section 8 notice, you only need to wait 2 weeks before applying to court.

            The only disadvantage to serving both notices is potentially confusing the tenant.

            Even if you rely on only a s21 notice, it is possible the council may contact you for information if they suspect that rent arrears have been a contributory factor, in which case they may not be rehoused.

            You are entitled to apply for HB to be paid direct to you if you do not receive rent for 8 weeks from the tenant.
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

            Comment


              #7
              If you think they are committing benefit fraud, phone the benefit fraud hotline and/or sent them any proof/details that you have.

              Comment


                #8
                Originally posted by rachel230 View Post
                If you think they are committing benefit fraud, phone the benefit fraud hotline and/or sent them any proof/details that you have.
                Save your phone bill, they're not bothered, I was told it was up to them what they used the money for.

                Comment


                  #9
                  can also report it online: https://secure.dwp.gov.uk/benefitfraud/

                  Comment


                    #10
                    Porridge,

                    Benefit fraud is different to HB tenants not using the money they are "entitled" to to pay their rent. I reported my scummy ex tenant and they froze her benefit while they investigate.

                    Rachel

                    Comment


                      #11
                      Originally posted by Pelican eats pigeon View Post
                      can also report it online: https://secure.dwp.gov.uk/benefitfraud/
                      Or Crimestoppers?
                      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


                        #12
                        Hi, i would go with a section 8, under grounds of 8 weeks or more arrears and persistant delayed payments, your tenant will take this to housing advice and they will advise to stay put, in this case go straight to the county court.

                        Comment


                          #13
                          recieving a section 8 means tenant has made themselves homeless and council will not touch them.
                          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                          Comment


                            #14
                            No they have not made themselves homeless, they are going to be made homeless thats when it becomes the councils responsibilty to house them, that is why councils, housing associations tell them to stay put wrongly, hoping landlords will think what the point in this, waiting for the courts to pass judgement knowing it gives them six to eight weeks before they have to do any work

                            Comment


                              #15
                              I have written another letter to the Council - this one more strongly worded with additional proof and this time i cc'd the Benefit Fraud Dept as well. If the council won't do something about it - hopefully the Benefit Fraud folks will!
                              All the paperwork etc for S.21 has been sent to court. Now i am thinking perhaps i should have applied for S.8 - to try and retrieve the rent arrears and perhaps make it harder for them to get help from the Council.

                              Can you apply for both s.21 and s.8? Or can i only follow one route?

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Section 21
                                by Perce
                                It is not clear yet what is going to happen with evictions. The ban may be extended till the end of the year. It is becoming almost impossible to evict a tenant. The government will make a decision shortly....
                                29-05-2020, 20:24 PM
                              • Section 21
                                by zrux
                                Hi

                                My tenant was struggling to pay rent, they wanted to move to council house. And asked me to serve notice.
                                I served them the section 21 Notice on 28Apr2020 and gave them 4 months to vacate the property on 31-Aug

                                Since then the tenant says he doesn't want to move out...
                                28-05-2020, 13:18 PM
                              • Reply to Section 21
                                by MdeB
                                Yes for S8G8, but for the discretionary grounds it is for the LL to persuade the judge....
                                29-05-2020, 19:56 PM
                              • Reply to Aiming to get a CCJ on ex tenant
                                by Stew
                                I understand you are upset but chase the person named on the lease, if they are together still it will impact the both of them so chasing for the CCJ on the named tenant will still impact the one not named as it will carry forward with them if they don't pay right away and when they try and rent again...
                                29-05-2020, 18:55 PM
                              • Aiming to get a CCJ on ex tenant
                                by MadLL
                                Apologies if I have posted this before, but I cannot find my original post, if I did indeed post!
                                I rented my property to a tenant. I knew at the start of the tenancy that the partner planned to move in at a later date, although the tenant denied the partner ever moved in as I expect they did...
                                29-05-2020, 17:30 PM
                              • Reply to The tenant won't pay due rent
                                by Perce
                                DPT57

                                I agree and this is a problem. Very difficult to find someone you can trust that they would do a good job.

                                It looks like one has to become a solicitor first to be able to deal with solicitors. Solicitors forget half of the things you tell them, make errors, expect...
                                29-05-2020, 18:52 PM
                              • The tenant won't pay due rent
                                by Uklondoner
                                The tenant just told me he can't pay not even half and didn't apply for benefit probably doesn't know how to. He said I can call Police. What to do now? I know the government back people like him....
                                18-04-2020, 18:34 PM
                              • Reply to Aiming to get a CCJ on ex tenant
                                by Hudson01
                                I can not see you getting anywhere with the ex tenants partner but i totally agree you should chase the non paying tenant until the end of time, its is the previous landlords in not going after the arrears which then caused your tenant to be able to not pay you...... somewhere a stand has to be mad...
                                29-05-2020, 18:38 PM
                              • Reply to Aiming to get a CCJ on ex tenant
                                by Perce
                                Send your ex tenant a 14 days pre action letter first....
                                29-05-2020, 18:33 PM
                              • Reply to Section 21
                                by Perce
                                The tenant should move to a cheaper accommodation which he can afford....
                                29-05-2020, 18:31 PM
                              Working...
                              X