LHA evict or a second chance ?

Catblue

I don't think that your expectations are too high. I also think that you have tried to be fair.

The rubbish and junk in the garden is unacceptable in my opinion, and an indicator that things are going to get worse rather than better.

The fact is that they can't/won't pay the full rent and can't/won't pay for any ongoing repairs that are entirely their responsibility (the plumbing issue). Your house will quickly go downhill and you don't have a full deposit to cover this financially.

I don't see the point in frequent inspections. You know what you'll find and they won't do anything about it. Simple.

Are they on a periodic tenancy at the moment? If so, just give them 2 months notice and cut your losses. Be prepared for them not vacating the house after the 2 months though.

bambammy

Can I just say! ( and will finish the rest of my reply shortly ) you have not read what I said properly. I stated

" I decided to allow a DWP tenant take the lease, knowing not all DWP tenants are defiant."

I use to be a HB tenant myself ! and never did I have nappies down the toilet and the back garden like a hole.

I knew it wasn't that easy! I put my trust into a letting agent who did nothing, I've learned that lesson.

tbs624 wrote: »

You're having a rough time with your tenant but to describe all those tenants in receipt of LHA as "defiant" is ridiculous and an insult to all those claimants who are reliable Ts . Some LLs like to dress up their action in letting to HB/LHA claimants as some sort of philanthropic gesture but the reality is that some BTL LLs see accepting HB/LHA tenants as some form of easy "cash cow ", which will mean the state effectively guaranteeing to cover their mortage interest costs for them. You've discovered that it's not that easy.

Pee

silvercar wrote: »

Once they owe 2 months rent you can write to the council and get the rent paid directly to you. The council won't pay anything over and above their maximum and pay 4 weekly in arrears. Omce you get used to that system it should mean that you won't be more than 8 weeks + top ups in arrears.

Good advice, but if it is Housing Benfit being paid to you directly, which I think it will be, they can also or will try to come after you if the benefit is being improperly claimed. I had a lodger who was not eligible for housing benefit, it turned out, and had had the payments paid directly to me. There was not much money at stake and the council did choose not to argue with me over it, but I believe I had signed a peice of paper saying if monies were paid to me in error, I would repay them.

I also understand that should you want to be a social landlord, you can rent on a longer term to the Local Authority who install their tenants etc. This would be less hassle, but probably even less profitable.

The problem isn't that people claiming housing benefit are any worse tenants than professional couples, you hear horror stories about both, but if someone does have some assets, you have a chance of getting unpaid rent etc out of them, wheras you don't if they have nothing.

If they haven't been there six months, you can't get them out until the six months are up, but at four months you can give them two months notice. Make sure you get someone who knows what they are doing to do this. (I would use a solicitor.)

If they have made no effort to pay the additional money so far, they will not from here on in. If they are forced to leave by notice, there should be no problem with the council rehoming them.

bambammy

Can I just say! ( and will finish the rest of my reply shortly ) you have not read what I said properly. I stated

" I decided to allow a DWP tenant take the lease, knowing not all DWP tenants are defiant."

[ quote = tbs624;19159859 ] [ q u o t e ]

tbs624 wrote: »

and that hindsight will help you realise that even at 600pcm you would have been struggling to properly fund this BTL.

I had extra finances two years ago, I wouldn't have foolishly bought my home , 3 years ago, then the BTL 2 years ago, if I thought I couldn't manage financially. Those finances depleted and in the current climate are no longer the same

tbs624 wrote: »

That's what being a LL is about - you *do* have to sort out problems at the property and you do also say you don't want the T doing it themselves. However, if the problem has been caused by the T's acts or omissions, such as shoving disposable nappies down the drains or swinging on cupboard doors, then you are entitled to ask them to pay the costs of putting things right.

I did try, ( also tried ringing a plumber with little luck ) and they made it clear they didn't have the money, it was them that blocked it so I tended to it until the Saturday, and I feel they exploit the fact, that it's going to cost me money to chase them for the money they owe me. In future I will be insisting they call a professional though, thanks. I assume it would then be the professional who would chase them, if they're at fault ?

tbs624 wrote: »

There is an implied covenant that a T will allow the LL access to view the condition of the property so that the LL can meet their "repairing obligations" under the LL &T Act 1985 but a T can refuse you access. Demanding once a fortnight inspections may see you receiving a sharply worded letter on the perils of tenant harassment, from a lawyer or housing adviser acting on your T's behalf. This is especially likely to be the case if you also try to resort to tactics such as"moon lighting them out". Tenant harassment is a criminal offence.

Ok thanks, I could never deal with the guilt of the moon lighting...i'm just despairing. On the basis of the Friday the 13th weekend, Could I ask for a once a month inspection? I also discovered that she rang the police and had her partner lifted and he spent the night in the cells on the 31st of December. I'm worried all this will lead to an anti-social behaviour order.

tbs624 wrote: »

You need to write a formal letter to the Ts, giving them a statement of their rent due dates and actual rent paid to date, and give them a firm date by which you would like the arrears cleared. Explain in the letter that allowing arrears to build up /being persistently late with the rent can lead to their eviction. Unfortunately, if your T seeks advice they will learn that they may effectively defeat a repossession action by paying off some of the arrears immediately prior to a court hearing.

I'm just gonna leave well enough alone as far as the rest of the rent is concerned.

tbs624 wrote: »

Also mention in the letter about the recent repairs issues and suggest that the T puts the mattress & the washing machine at the front of the property and arranges for the council to remove it.
You do have to stand back a bit as a LL because you cannot dictate how your Ts choose to live - you can only ask that they return the property in the same condition as it was at the start of the tenancy, fair wear & tear excepted, and that they pay for any damage done.
Join a local/national LL association for some moral support and good advice- the membership fees can be set against rental income for tax purposes.

I will do thanks. x
reply took me forever to do...and sorry it's not spell checked.

clutton_2

if you have issued them a 6 months tenancy agreement in October, you are now in a position to issue them with a Section 21 2 months notice to quit, together with a Section 8 rent arrears notice - this is only the beginning. A section 21 notice has to be meticulously completed otherwise it will get thrown out of court and you start all over again. Two months later you can apply to the court for possession - £150 court fee - then they wont move out, and you go back to back to the court and ask for a Bailiffs warrant - £95 fee - and eventually they will be thrown out and yuo get to spend another few thousands on renovations.

If you have issued a 12 months agreement you are in a much worse position.

My best advice is join national landlords association and get proper legal advice from their helpline - if you try to issue Notices yourself you will get it wrong and screw things up even more. it could take you 6 months to get them out if they know what they are doing. Dont take advice from here, well intentioned as we all are, get proper advice - solicitors are waaaaaay too expensive and NLA joining fee is tax deductible - you also get cheaper property insuracne as a member (the savings in my insurance bill paid for my membership). if they are on benefits they wont have any money and you might just as well write off the debt.

you cannot inspect fortnightly - as others have said - its harrassment.

welcome to the difficult world of landlording

in the meantime, just dont contact them in person, you will only antagonise them - do this in writing and be a professional. grit your teeth about the cleaning and damage and rubbish.

good luck

tbs624

bambammy wrote: »

Can I just say! ( and will finish the rest of my reply shortly ) you have not read what I said properly.

My apologies

tbs624

bambammy wrote: »

I use to be a HB tenant myself ! and never did I have nappies down the toilet and the back garden like a hole.

That's because the two things don't go hand in hand - you'll also get working Ts who don't pay on time and/or fail to take care of your property

BlameTheGame

I have had one bad experience with HB/DSS claimants in the past costing me a couple of grand to put the house right after they had left (also still owing me rent). I have never had any probems with professional tenants. I actually advertise and manage my properties myself and always advertise them with 'No DSS/HB', i dont really care if people are offended 'cos im just protecting my own investment.

clutton_2

i have had as much trouble with professionals as with benefit tenants - there are good folks who work and bad folks who work - and there are good folks on benefit and bad folks on benefit

Geenie

I would give notice. If they have acted like this in the first 6 months it will only get worse. And I speak from experience.