Newbie here. I suspect my tenant has moved in her partner for a number of years. When questioned she always denies this - just says he is there a lot because of the kids However several neighbours, see him leaving and coming home from work so say differently. I dont believe there is an ulterior motive re the neighbours as they are known personally to me. . In the past my plumber has discovered the partner "hiding" in a bedroom, in rain it is obvious a car has been removed from the drive etc. Tenancy agreement states that visitors cant stay more than 3 weeks within any 3 month period. The management company have raised this with her several times and confirmed I am happy to add him as a tenant subject to referencing but she is adamant he doesnt live there. I suspect that this is because she may lose maintenance/benefits.if he is added. Any options for solving this
Cant prove tenants partner has moved in
Collapse
X
-
The grassing up possible benefit fraud is here... (sounds likely to me from what you say..)
https://www.gov.uk/report-benefit-fraud
And/or s21..
Don't like crooks or cheats, be they tenant, agent or landlord.I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...
- 2 likes
-
Yep, benefits fraud.
However, is it still the case that the LL can be chased by Housing Dept for "overpaid" benefits?
My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol
- 2 likes
Comment
-
Originally posted by landlord-man View PostYep, benefits fraud.
However, is it still the case that the LL can be chased by Housing Dept for "overpaid" benefits?
(I can chase Johnson the criminal for the damage he's done to the economy and health of the nation, but sadly he doesn't have to pay)I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...
Comment
-
Benefits aside, what she is doing sounds perfectly sensible by not saddling herself with a co-tenant who is financially entangled and who she can't get easily get rid of if they decide to part. Many couples retain two properties even after being together for a long period, to keep their independence. Such luxuries are not available to tenants on benefits with risking losing them. However, as said above, its her risk and I wouldn't get involved unless there are other factors to consider. Why is the management company enquiring?
Comment
-
Ive known 2 housing benefits tenants with own properties move in together and illegally let the other property.
Used to be very common.
My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol
Comment
-
Originally posted by lfj1963 View PostI suspect that this is because she may lose maintenance/benefits.if he is added.
Do you actually KNOW that she is getting any maintenance/benefits?
Or is that'"I suspect" just speculation?
Comment
-
Thanks all
First of all the rent is not being paid by benefit, so I don't know for sure she is getting maintenance/benefits. My concern is that if her partner is living at the property, which the neighbours have suggested, if I gave notice and he refused to leave there would be additional legal proceeding to remove him - time cost etc.
Secondly, it invalidates my landlords insurance.
There is a long history of this tenant, breaking conditions on the AST which I have not pursued in the past as her rent is always paid on time, but its reached a point where the agents have suggested she might be happier in another property - long story! If she decides to stay I would like to insist that her partner is on the AST for reasons above -does this sound reasonable?
Comment
-
Originally posted by lfj1963 View PostMy concern is that if her partner is living at the property, which the neighbours have suggested, if I gave notice and he refused to leave there would be additional legal proceeding to remove him - time cost etc.
But how likely is that?
Secondly, it invalidates my landlords insurance.
And change insurance company, there are lots of legitimate reasons people don't want partners on tenancy agreements.
There is a long history of this tenant, breaking conditions on the AST which I have not pursued in the past as her rent is always paid on time, but its reached a point where the agents have suggested she might be happier in another property - long story! If she decides to stay I would like to insist that her partner is on the AST for reasons above -does this sound reasonable?
But I'm intrigues as to why the agent has that view - they're not the one's who'll have to go to court to retake possession.
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
-
I've reported suspected tax fiddler's to HMRC and very happy to. And know they do take action (not always). Clearly tax fiddling is a much bigger problem than benefit fraud, but were I to see such evidence as above, I'd happily report that with the same moral confidence/doubt as with tax fraud.
Arguably a citizen has a duty do: I resent paying more tax than I would need to were it not for the fiddlers. Don't suppose other members here are happy with that either. Don't get me started on huge multinationals or the PPE farago involving overseas companies that are dissolved and restarted at alarming speed.
Best wishes and Merry Christmas to all non-fiddlers!
Artful, in receipt of 6 benefits.....I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...
Comment
-
Originally posted by lfj1963 View PostIf she decides to stay I would like to insist that her partner is on the AST for reasons above -does this sound reasonable?
- 1 like
Comment
-
Originally posted by lfj1963 View PostThanks all
First of all the rent is not being paid by benefit, so I don't know for sure she is getting maintenance/benefits. My concern is that if her partner is living at the property, which the neighbours have suggested, if I gave notice and he refused to leave there would be additional legal proceeding to remove him - time cost etc.
Secondly, it invalidates my landlords insurance.
There is a long history of this tenant, breaking conditions on the AST which I have not pursued in the past as her rent is always paid on time, but its reached a point where the agents have suggested she might be happier in another property - long story! If she decides to stay I would like to insist that her partner is on the AST for reasons above -does this sound reasonable?
Obviously, that assumes you kicked off possession proceedings. If you mean she gave notice and he didn’t leave, then yes - apply for a court order for trespass. But that’s relatively quick and as he has no standing against the property, should be pretty cut and dry.
Comment
Latest Activity
Collapse
-
Reply to Bankrupty Orderby DoricPixieBankruptcy on their credit file can make it more difficult to rent if the new landlord conducts proper referencing. Other than that if the tenant has no assets then bankruptcy won’t do much. In fact depending on the tenant’s income and other debts it’s possible they’d end up with something like...
-
Channel: Residential Letting Questions
17-08-2022, 00:22 AM -
-
by VictoriaHHow much of an adverse affect can this have on a tenant?
I've got a tenant who's playing the system, waiting for their eviction and CCJ
What adverse affect can a bankruptcy order have over a CCJ on a tenant?...-
Channel: Residential Letting Questions
16-08-2022, 15:26 PM -
-
by DoricPixieWhat kind of notice have you served the tenants? You describe them as council tenants so did you have a contract with the council to house them in the first place or are you describing them as such as they are hoping for the council to house them now?...
-
Channel: Residential Letting Questions
17-08-2022, 00:17 AM -
-
by freezing_syBasically council still have not found them the next house. I'm so desperate and need them go. What can I do please? They are foster family, apparently very volunerable as people may think. But they terribly damaged my house, they have also cancelled UC direct payment. I need them go......
-
Channel: Residential Letting Questions
16-08-2022, 21:11 PM -
-
by freezing_syI have never thought about this before.but will look into it. Thanks
-
Channel: Residential Letting Questions
16-08-2022, 21:48 PM -
-
Reply to Costs involved in court evictionby WebLandIn answer to NaomiB, using a specialist eviction company for the exact scenario the OP has set out, cost me (a year ago) £1500.
This is a 'best case' by the way. This was made up of:
Step 1 - Assess paperwork & serve Section 21 - c£150
Step 2 - Possession Claim...-
Channel: Residential Letting Questions
16-08-2022, 21:25 PM -
-
by Smilerkel86I'm acting on behalf of my grandmother who rented out her main residence 4 years ago when my grandad got sick, they moved to be closer to family so we could help out. Grandad passed away and gran wants to stay near us and purchase a bungalow. She has made an offer on one, gave notice to her tenants...
-
Channel: Residential Letting Questions
15-08-2022, 14:38 PM -
-
by Hudson01To be totally honest, the way in which you have written the post gives me the impression that you are way out of your depth, others will be along soon i am sure to offer some sage advice..... for my part i would say engage the help of a specialist eviction company and let them do it.
-
Channel: Residential Letting Questions
16-08-2022, 21:18 PM -
-
by KomodoThank you.
If I understand correctly, you are saying that, if I issued a s13 with a new rent date of 23rd Sept, but the rent payment date was not changed from the 22nd, then the first date that the new rent would actually be payable would be 22nd Oct (presumably because that is the first...-
Channel: Residential Letting Questions
16-08-2022, 20:55 PM -
-
by KomodoHello
Could somebody please help me to figure out what the correct date to put on a s13 rent increase is, please?
Long story, short.
AST was drafted with a tenancy start and rental payment date of the 22nd, but the start date was moved to the 23rd (my fault) but...-
Channel: Residential Letting Questions
16-08-2022, 16:16 PM -
Comment