Help with tenant

socrates

needahome wrote: »

regarding stopping LHA, I would be very careful about this, especially if you tried to evict him on non payment of rent. How would it look to the court if you were trying to evict for non payment of rent, if you were the one who stopped the payments! It would be immediatly thrown out, been in this position myself and that is what happened.

There is a difference between stopping and suspending LHA and in this particular case he is not evicting the tenant of unpaid rent so how is that even relevant - or are you saying he should let the tenant get 8 weeks into arrears and then start proceedings - yeah right!

Remind me not to let you rent one of my flats!

Richx6666

Thank you

There are witnesses to the tenant threatening the LL with a bat.

The LL himself. There was also a grounds man present who was there to clear the garden and do basic upkeep in the communal area.
(He was doing basic maintenance in the communal area at the time of the incident)

Also 2 tenants are willing to do a statement regarding the incident that came out of the flat and witnessed the entire episode.

The police are going to visit the LL at 5:00pm today to take statements etc.

The LL isn't too happy that the police didn't find a man threatening to kill him with a baseball bat enough of a reason to send a police car.

I have been told by the landlord that this tenant had a reference from a previous LL and it was one of the reasons why he accepted him.

The landlord is defiantly going to vet potential tenants more thoroughly now

needahome_2

socrates wrote: »

There is a difference between stopping and suspending LHA and in this particular case he is not evicting the tenant of unpaid rent so how is that even relevant - or are you saying he should let the tenant get 8 weeks into arrears and then start proceedings - yeah right!

Remind me not to let you rent one of my flats!

And what would be the point of suspending the payments ? how could you suspend the payments if the tenants has no record of not paying the rent ? if tenant did have no record of paying rent, at least you have an avenue to go down to get the tenant out.

I don't know where you get it from that any LL can have someones LHA stopped on a whim. you can only interfere with someones LHA if they either have a record of nonpayment or are in a vulnerable group and it would be in their interests to have the rent paid directly to the LL.

are you another LL who thinks above they can do whatever they want ?

Trust me I'm a "professional tenant", I've had LL's battered and threatened with arrest and lose bags of cash, alll legally, when they havn't played the game properly.

socrates

needahome wrote: »

And what would be the point of suspending the payments ? how could you suspend the payments if the tenants has no record of not paying the rent ? if tenant did have no record of paying rent, at least you have an avenue to go down to get the tenant out.

I don't know where you get it from that any LL can have someones LHA stopped on a whim. you can only interfere with someones LHA if they either have a record of nonpayment or are in a vulnerable group and it would be in their interests to have the rent paid directly to the LL.

are you another LL who thinks above they can do whatever they want ?

Trust me I'm a "professional tenant", I've had LL's battered and threatened with arrest and lose bags of cash, alll legally, when they havn't played the game properly.

As a LL you can have LHA suspended at a whim if you so choose - and it is up to the tenant to prove they have paid it.

I never said anything about having it paid to the LL directly (at this stage). That would come at a later stage.

I realise you are a professional tenant - but your nickname says it all.

As for your dealings with LL's good for you - if you can be bothered to keep getting involved with courts, police and the like - personally if I was you I would concentrate on getting your own place - so you would not need to be involved in 'any games'

As for my LL skills I arm myself with all the facts and am fully aware of the manoeuvres that tenants use when it comes to LHA - even the professional ones come unstuck in the end - trust me on that one

Richx6666

I've read on these forums but can't seem to find it, that a LL can also enquire about a tenants previous arrears or late payments. would that also be useful to ask when he speaks to the LHA.

clutton_2

""Trust me I'm a "professional tenant", I've had LL's battered and threatened with arrest and lose bags of cash, alll legally, when they havn't played the game properly."


we really do [EMAIL="NO@T"]NOT[/EMAIL] want the likes of needahome on MSE - it is the likes of you that give good tenants a bad name

housing folks is nbot a "game" - there are laws in place to protect both parties and you, as i said on another thread to you today, should be ashamed of yourself.

Any newbies reading this thread - please ignore this poster - he is unworthy of your time and his advice is often illegal.

carolinosourus

needahome wrote: »

Trust me I'm a "professional tenant", I've had LL's battered and threatened with arrest and lose bags of cash, alll legally, when they havn't played the game properly.

I'm not sure having anyone "battered" is ever legal... I hope never to come across a tenant like you in my time renting.

clutton_2

""that a LL can also enquire about a tenants previous arrears or late payments.""

unless you have a DAta Protection Disclaimer signed by the person involved, no one will legally discuss previous rent arrears with you. if you have used a reputable tenancy application form, a DPD will have been included in it - but - one local council i deal with want to charge me £69+vat for providing a reference for one of their ex-tenants on the grounds that they are providing me with a service ......


""I've read on these forums but can't seem to find it, that a LL can also enquire about a tenants previous arrears or late payments. would that also be useful to ask when he speaks to the LHA.""


the only time the Local authority will speak to a LL about a tenants HB/LHA claim is if the tenant has signed to agree to this in advance. Since LHA came in, many councils no longer off the tenant a chance to sign to say this on their LHA form.

i now have incorporated a clause in my tenancy agreement (on page one) showing that the tenant agrees to their discussing the claim with me.

You can only ask for the LHA to be paid directly to the landlord once the tenant is 8 weeks in arrears (L&T legislation says this can be 32 days - some local councils are saying this has to be 8 weeks) - you have to write, the council then write to the tenant and if no response in 14 days they will consider making a direct LL payment - but they will not pay the arrears.

as Socrates often points out these procedures can vary from council to council

socrates

Richx6666 wrote: »

I've read on these forums but can't seem to find it, that a LL can also enquire about a tenants previous arrears or late payments. would that also be useful to ask when he speaks to the LHA.

He will be speaking to the Housing Benefits team LHA is the new name for Housing Benefit - he can ask:

"is there any reason why this tenant should not have their benefit paid directly to them - eg previous record of arrears"

Some depts will tell you others will quote the Data Protection Act

I make sure that for every LHA Claimant I put into one of my properties - on their completed forms they have given me permission to discuss their claim.

needahome_2

clutton wrote: »

""

housing folks is nbot a "game" - there are laws in place to protect both parties and you,

.

exactly, so why is that LL's will quite willy nilly try and break contracted terms and statue ? and then come complaining about the tenants being unfair and playing the "game" ?

as stated on the other thread, if LL's try to exceed their authority I will play the "game".

please explain what wrong with someone exerting their rights, if LL is breaking a contract or ignoring statue ?

please, please get it out of your heads, if you rent someone a property, it might be your house, but it is that persons home. In law their home is more important than your property, ignore that at your peril.

feel free to walk about with your own self importance because you are a "landlord", but you will be poor one if you don't respect your tenants rights.

as I said, your property, buttheir home. put yourself in their shoes, would you allow yourself to be treated in your home like some tenants are in theirs ?