My friend the tenant pockets money intended for rent

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    My friend the tenant pockets money intended for rent

    Hi everyone.

    I'm new here but I thought I'd introduce myself with a problem! Please feel free to laugh and make jokes about my foolishness. I know I've been nieve but leson well and truely learnt!

    I was renting my property to a friend with no contract or anything (first foolish thing but this was not the mistake). He wanted to move out so I placed an ad and had some interest but one person was ready to go straight away. She later explained that she was on benefits. I thought this would be fine as I'd get the money from the council. After a while she explained that the council were taking ages but would include the back dated rent with the first cheque. After 11 weeks I got hold of a very helpful lady at the council who "hinted" that she'd been getting the cheques from the start. I confronted her and she said "Oops, i'll send the money today". I then started getting the money directly from the council. 2 days later the letter arived with a cheque for half the money and a letter saying she'd given the rest away and not got it back blah, blah, blah. She'd pay £100 a month til it was paid. That was 3 months ago and I've not seen a penny but do get the full rent from the council.

    She now has a job and will not be getting the full amount (if any) of benefit. She told me she'd checked and she was. Again council have no knowledge of this.

    She has been there 8 months (6 month contract) and is now basically saying "I'm not going anywhere until you turn up with a 2 month notice court order.

    Now I've accepted the fact that I wont see any of the unpayed money. What I don't want is her living there for a second longer at my expense (mainly cos I cant afford it and need to get someone in there who will pay!)

    Any advice greatly appreciated but much as she deserves it I wont be sending the boys round so don't bother if that's your advice (you'll only tempt me! -joke- )


    Many thanks!!!

    #2
    What's the question?

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      #3
      Sorry, question is I'm not going to get back the initial money the tenant stole but do i really have to have them live in my property for free until I get a section 21 notice and then 2 months go by? Is there anything else I can do?

      Comment


        #4
        Financial persuasion

        Bribery. Is she the sort to agree to move out if you promise not to chase for arrears? You would both need to sign something to show that the tenancy has ended and that she has returned the keys. You should pick the date and time.

        Failing that issue a s21 notice to seek possession and claim for all money owed.

        Comment


          #5
          You need to comply with all aspects of the law and appreciate that as your tenant knows it better than you do, that unless you follow the law in full, you are likely to get into deeper trouble and encounter more expense.

          The posters here use the expression - 'professional tenant' -in a detrimental way to describe someone who is familiar with housing law and knows how to frustrate and delay the repossession process.

          If so, and you lack knowledge, she will be able to take advantage of your frustration and lack of patience.

          Make sure that you don't appear to harass the tenant or trespass on the property, making threats, frequent contact, entering the property without permission and so on.

          http://england.shelter.org.uk/advice/advice-3192.cfm

          Understand that if a tenant applies for rehousing by the local council, they often insist the tenant stays there a court order is made and that sometimes tenants are successful when they request more time to find somewhere else to live.

          Understand that if you submit any legal paperwork incorrectly, the notice will be invalid.

          I'm not laughing but your tenant seems quite devious and resourceful but you have to follow the letter of the law.

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