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Serving notice

I have a tennant on housing benefit who is almost 3 months behind in their rent. They have made no attempt to pay but they are on housing benefit and the money is being paid to them.

I've contacted the local authority who have informed me that as they are over 6 weeks in arrears I am able to claim to have the housing benefit paid directly into my bank account. I wanted to have the payment made direct to my account right from the start but was told that the council pay the person who makes the claim and it is up to them to pay the LL.

My question is, would you evict the tennant? and since they are so far behind in their payments how much notice is required?

I'm in Scotland

TIA
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Comments

  • asset2004
    asset2004 Posts: 2,453 Forumite
    someone must know?
    Life is a coin, you can spend it anyway you wish, but you can only spend it once.
    Go as far as you can see, and when you get there you'll see further.
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  • Welshwoofs
    Welshwoofs Posts: 11,146 Forumite
    No idea what the rules are in Scotland, but I'd certainly look to evict. Even if the council start paying you, they're not going to backdate so unless the tenant coughs up you've lost 6+ weeks of income.

    If they didn't hand over money specifically granted for payment of rent in the first place, what do you think your chances are of getting them to pay it back?

    I'd cut my losses.
    “Don't do it! Stay away from your potential. You'll mess it up, it's potential, leave it. Anyway, it's like your bank balance - you always have a lot less than you think.”
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  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Welshwoofs wrote: »
    No idea what the rules are in Scotland, but I'd certainly look to evict. Even if the council start paying you, they're not going to backdate so unless the tenant coughs up you've lost 6+ weeks of income.

    I think you can only evict with 2 months arrears. Funny, that.
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  • asset2004
    asset2004 Posts: 2,453 Forumite
    asset2004 wrote: »
    I have a tennant on housing benefit who is almost 3 months behind in their rent. They have made no attempt to pay but they are on housing benefit and the money is being paid to them.

    I've contacted the local authority who have informed me that as they are over 6 weeks in arrears I am able to claim to have the housing benefit paid directly into my bank account. I wanted to have the payment made direct to my account right from the start but was told that the council pay the person who makes the claim and it is up to them to pay the LL.


    TIA

    They are almost 3 months in arrears and have made no attempt to pay. I've looked at the Shelter website and according to them I need to give the tenneats 2 weeks written notice to leave. So I think I should give them their notice this evening.
    I don't think this is fair as they will have another 2 weeks of living rent free while pocketing the hosuing benefit payment.

    The tennants have committed fraud by taking money that does not belong to them. Should I contact the police?
    Life is a coin, you can spend it anyway you wish, but you can only spend it once.
    Go as far as you can see, and when you get there you'll see further.
    Take time but don't waste time
  • pinkshoes
    pinkshoes Posts: 20,671 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you actually WRITTEN to the council (recorded delivery) stating they are 3 months in arrears? They might need it for their records...

    At the same time, I would write to the tenant letting them know that you've notified the housing benefit people that they haven't been paying their rent, and unless they pay all outstanding rent in the next 7 days, you will be starting eviction process.

    No idea what the eviction for rent arrears process in scotland is.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • N79
    N79 Posts: 2,615 Forumite
    I only say this to LLs who come on here and ask for advice when they have problems in order to stop them sounding like complete idiots.

    If you are going to issue notice or communicate with official agencies then please learn to spell tenant. You sound like a fool when as a LL you get it wrong and will struggle to be taken seriously.

    I'm an English LL so I am not able to advise on Scottish notice periods. I would evict the Ts though.
  • With regards to how much notice to give your tenant, unless I've missed you saying so, it will depend on the tenancy they have.

    As for calling the Police, not really a matter for them but a civil law matter between the tenant and you
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