Claim struck out by judge

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    #16
    Thank you all for on going debate on this problem.

    I will be using a solicitor, for the first time in 40 years of letting.

    If this tenant was not having a proportion of the rent paid by the council, we would be well out of pocket.

    Perhaps as suggested we should consider getting out of the residential letting market.

    One person has said this week (not in the forum), "NEVER LET TO DHSS TENANTS FOR ANY MORE THAN THE PAYMENT THEY RECEIVE FOR HOUSING BENEFIT AND ENSURE IT IS PAID DIRECTLY TO THE LANDLORD."
    I presume, you therefore only let a three bedroom property to a family of at least four, where the benefit is probably higher than a single parent with one child.

    If as suggested I should consider giving the extra month rent back (classed by the Judge as a deposit), is this my only way forward. Why can't I claim it against the rent arrears.
    Once I get possession, I have no chance of getting any of the arrears back from the evicted tenant.
    Government want more properties letting out.
    Their current stance will surely shrink the number of houses available for let.
    Regards
    Calvados

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      #17
      What do most of you who are landlords do with AST's.

      Do you only take one month's rent and no deposit.

      One month's rent and what amount as a deposit.

      More than one month's rent and a deposit or what please.

      We landlords seem to be being made out to be the villains in just trying to collect the agreed rent or in trying to repossess our property.

      Bad tenants must be laughing at us.

      Regards

      Calvados

      Comment


        #18
        Originally posted by Calvados View Post
        If as suggested I should consider giving the extra month rent back (classed by the Judge as a deposit), is this my only way forward. Why can't I claim it against the rent arrears.
        It is currently the tenants money. Therefore it is up to them what they do with it - they may choose to allow you to use it or they may use it to pay for their nieces cancer treatment in America! Their choice. If they do choose to use it for rent - great! But get it in writing to prove that you haven't just 'massaged' the facts.

        Originally posted by Calvados View Post
        What do most of you who are landlords do with AST's.
        Do you only take one month's rent and no deposit.
        One month's rent and what amount as a deposit.
        I think the general consensus is 1 months rent in advance plus as big a deposit as the market will stand plus an employed home-owning guarantor. There is an argument against deposits larger than 2 months, but I don't agree with it. The key reason for not demanding more than 2 months is the lack of prospective tenants who will be able to afford it.

        Expect a solicitor to cost you a 4-figure sum, a lot of money but it may be worth it for the peace of mind.
        Alternatively, there are specialist eviction companies that can hold your hand through the process - I wouldn't expect that to cost you more than £380 for a section 21.

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