odd request from local housing benefits officer

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

  • odd request from local housing benefits officer

    Hello,i'm new member (today), had call from housing benefits office about one of my tenants....just been allowed housing benefit as unable to work through illness...no rent arrears (yet) they have asked me to issue sec.21 notice on the grounds of his likely inability to continue to pay rent. She says this is to protect all parties, but im not sure...bearing in mind he hasnt defaulted yet.....anyone come across this before ? thanks

  • #2
    Hmmnnn I'd be very suspicious. I'd thank him kindly for his help & ask him to put the request in writing to me.. £5 says he doesn't.

    Recognize that if a homeless person presents themselves to the council for help & has been evicted for not paying rent (S8 etc...) then they will be found "intentionally homeless", not entitled council help or rehousing & hello park-bench... However if they lost their home due to S21, no apparent guilt, then perhaps they might get rehoused/more HB/LHA.. I smell a rat.

    Not really sure how these council rules operate so I may well be (yet again..) wrong/....
    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


    • #3
      I suspect T can't afford rent (or at least LHA doesn't cover rent) so he needs to move to a smaller property.

      If he leaves your place voluntarily, he won't get any council help - if he is thrown out (leaves under section 21) he might.

      Your problem is that the council will not be happy with just a (potentially free) section 21 notice - they will almost certainly not do anything for the guy until you commence court proceedings to show that you are serious. At a cost to you of £175 minimum.

      Your choice:
      Pay £175 of your own money for the tenants convenience; or
      Run the risk of him not being able to pay the rent.

      Comment

      Latest Activity

      Collapse

      • S21 or S8 to evict a tenant
        BlueMystery
        I have a tenant who the local council have provided the deposit bond for. He has been nothing but a pain paying his rent and has always been 1 month late or 6 weeks maximum, paying at the end rather than the beginning. He was initially on a 6 months AST, which reverted to one month rollover in the absence...
        26-07-2017, 19:21 PM
      • Reply to S21 or S8 to evict a tenant
        KTC
        That ....
        26-07-2017, 21:41 PM
      • Long Term Tenant - how to protect both LL and Tenant
        Paul4321
        Hi All,

        I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

        I already...
        20-07-2017, 10:07 AM
      • Reply to Long Term Tenant - how to protect both LL and Tenant
        KTC
        A tenancy of more than 3 years to be executed as deed (Law of Property Act 1925).

        A tenancy of less than 7 years - landlord's repairing obligations (Landlord and Tenant Act 1985).

        A tenancy of more than 7 years - registration with the Land Registry.

        If you're going...
        26-07-2017, 21:39 PM
      • Reply to S21 or S8 to evict a tenant
        MrShed
        I dont see a benefit in Section 8 in this circumstance as the grounds are discretionary not compulsory (is my reading of the situation anyway).

        Its worth issuing it anyway but then proceed down S21 when it expires?
        26-07-2017, 21:14 PM
      • One tenant moving out and two remaining - who pays for the checkout/inventory?
        IoIo
        Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

        Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

        Q3 – What date did current...
        26-07-2017, 16:38 PM
      • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
        MrShed
        Yes I cant agree with JK on this one, although I agree its an elegant solution in theory. A few issues with it though:
        - Subletting
        - The previous tenant in effect remains a tenant (in the eyes of the law)
        - Any damage that has been caused up to now should in fact be deducted three...
        26-07-2017, 21:08 PM
      • Reply to Long Term Tenant - how to protect both LL and Tenant
        Logical.Lean
        I would make a list of the improvements / repairs which are required and get some ball park quotes for the work from trades(wo)men in the area.
        Then I would offer a 6 month rolling tenancy, at a fair rent. I would ask the tenant to quote for a few of the simple jobs, and pay him once completed....
        26-07-2017, 21:06 PM
      • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
        Wright76
        I can't see the departing tenant agreeing to withdraw their notice and nor should they simply to get their deposit back.

        They are ALL responsible. The tenancy Is ending for all of them and they are jointly responsible for any damage.

        I'm amused by your insistence for a professional...
        26-07-2017, 20:43 PM
      • Ending tenancy early / returning advance rent
        purpleangel
        Landlord has served me with S21 to leave property by 10 September. 12 month AST in England. Tenancy has been difficult last few months, major delays in repairs and I am still waiting to be refunded for a locksmith call out a month ago. I paid 12 months rent in advance due to having CCJs.

        ...
        25-07-2017, 21:35 PM
      Working...
      X