A question for a friend of a friend.

Paley71

...Actually a friend of my sister.
This couple recently became first time landlords after being unable to sell their home, I have no idea what type if tenancy agreement they had but the upshot is in six months they've never received a penny in rent.
After consulting a solicitor it now transpires that the tenants are no longer working and the owners have been told this makes it far harder to get them to leave.
The thing that baffles me is that according to the solicitor that even though the tenants should be now in receipt of housing benefit they have no legal obligation to actually give this to the landlord????
Is this true?

clutton_2

yes - and no. They have a legal duty to pay housing benefit (now known as Local Housing Allowance) to the landlord - but if they dont all your mates can do is to evict them. This is a complex legal process which they probably wont get right on their own.. They will probably need to join national landlords association - if they are half way literate, they can do the forms, but, many do get them wrong and the courts throw out the applications.

welcome to the world of landlording

a good solicitor should be issuing a Section 8 notice immediately - that will have them out the quickest - this is the Grounds for Possession Section re rent arrears - but this will take a good few weeks. HOWEVER, a clever tenant can protract this process into months and months if they so choose.

If these tenants chose to not move, then you will have to take them to court (£150 court fees) the judge will grant you a possession order, which they will ignore, you then have to go back to court to get a Bailiffs Warrant (*another £95 in court fees) - all this in addition to their solicitors fees. Many tenants who are evicted leave the house in a mess.

had they known what they were doing, or sought advice earlier on, they could have had them out 4 months ago...........

amateurs ..... always think "landlording" is easy - it aint

brightonman123

if you 'know' they are on benefits, might be worth contacting the relvant council to request rent paid direct..?

Planner

clutton wrote: »

yes - and no. They have a legal duty to pay housing benefit (now known as Local Housing Allowance) to the landlord - but if they dont all your mates can do is to evict them. This is a complex legal process which they probably wont get right on their own.. They will probably need to join national landlords association - if they are half way literate, they can do the forms, but, many do get them wrong and the courts throw out the applications.

welcome to the world of landlording

a good solicitor should be issuing a Section 9 notice immediately - that will have them out the quickest - this is the Grounds for Possession Section re rent arrears - but this will take a good few weeks. HOWEVER, a clever tenant can protract this process into months and months if they so choose.

If these tenants chose to not move, then you will have to take them to court (£150 court fees) the judge will grant you a possession order, which they will ignore, you then have to go back to court to get a Bailiffs Warrant (*another £95 in court fees) - all this in addition to their solicitors fees. Many tenants who are evicted leave the house in a mess.

had they known what they were doing, or sought advice earlier on, they could have had them out 4 months ago...........

amateurs ..... always think "landlording" is easy - it aint

If a 'good' solicitor issued a section 9, I would hate to see what a bad solicitor would issue!

It would be a Section 8 that needs issuing (assuming it is an AST and the property is in England/Wales).

silvercar

Once two months rent is owed, the landlord can apply to the council to receive LHA direct. Your friend could have done this months ago. Nothing to stop your friend doing this now and starting the eviction process at the same time. The council won't pay LHA for rent already given to the tenants, but they will pay from now on.

clutton_2

typo mate - typo Section 8 it is

Planner

clutton wrote: »

typo mate - typo Section 8 it is

Thought it might be, although can never be to sure with your posts!:beer:

Paley71

"Once two months rent is owed, the landlord can apply to the council to receive LHA direct. Your friend could have done this months ago. Nothing to stop your friend doing this now and starting the eviction process at the same time. The council won't pay LHA for rent already given to the tenants, but they will pay from now on."

That will be worth passing on, thanks.
Thanks for all the advice.

Before we managed to sell our house my partner thought it was a great idea we rent it out...I said absolutely no way.
This story has convinced him I was right!