My tenants live in a 2 bed property and share the cost of the rent. Both are on housing benefit but one tenant has had benefit stopped so i am only receiving half the rent. The council pay the rent 4 weeks in arrears and thereforee half of the rent has not been paid for 10 weeks. What can I do as the tenant says they are still waiting to hear about their claim and it could be weeks for an outcome. They have an AST.
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If T1 and T2 hold (jointly) on the same Letting Agreement, both are liable for 100% of the rent- i.e.e each is liable AND both together are. However, you might never see your £££, given that one T has lost HB and the other one will be receiving HB equal to (or referable to) only 50% of the rent.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). -
If your tenants have separate agreements - look at evicting the tenant who is not paying under section 8 (grounds 8, 10 & 11) of the 1988 Housing Act, which will result in eviction in around 2½ months.
If your tenants have a joint agreement you can either:- Serve a section 21 notice which will result in eviction in around 3½ months time, or 6 weeks after the end of the tenancy agreement (whichever is later); or
- (Optional: Immediately serve a section 8 (grounds 10 & 11) as a warning, then,) once unpaid rent = 2 months worth, serve a section 8 (grounds 8, 10 & 11) notice, which again will result in eviction in around 2½ months after service of the 2nd s8.
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