Tenant constantly late in paying rent

franklee

silvercar wrote: »

Phone the council, tell them that the tenant is claiming HB/ LHA but is in arrears already. Follow it up in writing.

I did this and within a week the council were paying me direct. That still leaves you the arrears to sort but does give you the security of having the rent paid directly into your bank account in a timely manner (though it could well be 4 weekly or 2 weekly rather than monthly).

I hope the OP is registered exempt from the NRL scheme, otherwise, if the council were to pay the OP direct, would they have to operate the non resident landlords scheme as the OP is living abroad for 18 months?

clutton_2

jowo says ""I didn't realise about the constraints for a 4 weekly S/O so thanks for that. ""

i am pleased to have been informative - when you actually sit down and talk to single parent mum benefit tenants as to HOW they actually get their money, it is a nightmare for anyone (other than the MOST organised person) to try to budget -

Some benefits may come in fortnightly on one day of the week, others come in weekly on another day of the week - whilst housing benefit is paid every two weeks or every four weeks in arrears (depending on the council)

living on benefits is a complex life -

i arrange different types of rental payments to suit each tenant's circumstances - if you make it easy for them - they will do it - if its difficult they won't pay you.

Biciitalia

Good evening,

Thanks to everyone for the postings. I am gaining a lot of perspectives which is great.

To offer a quick update the LA is still trying to get hold of the tenant to discuss the arrears. Whilst I am keen to get hold of the tenant to discuss options including again the request for her to set up a S/O and possibly shifting the date of payments the following concerns are still niggling away.

1. Employment status. I was informed by the LA at the start of the tenant search that she was working part time and looking for more hours in order to come off benefits (which she has been on for at least the last 5 years with the date of payment since she occupied the house in June not changing from the last wednesday in the month). However, when I queried just exactly how many hours she was working and whether this was sufficient to make up the 75 pounds shortfall (HB pay her 450 - rent is 525) I overheard on the phone another member of the LA state she worked for '50 quid for doing someones books now and again - undeclared'. In addition, during the first inspection of the house when the tenant moved in my LA stated that she was settling in well and looking at purchasing furniture to match the house and had painted walls (without my consent) - worry here is surely paying the rent is more important than paying out for new furniture.

2. Boyfriend living at house. When I briefly visited the house last month it was apparent that someone else was living there and not just staying the odd night here and there. I have had confrimation of neighbours that indeed the boyfriend is living there full time. Not previoulsy a major issue for me but could have been resolved with him being on the agreement. Surely he could contribute and give me the 75 shortfall until the benefits are paid to the tenent.

On a positive note there is a 660 pound bond that is protected. There is also a gurantor who has been contacted regarding the non communication and arrears.

To wrap up the LA is going round to the house in person to discuss on Monday - I will post any updates on this forum.

Thanks again to everyone for the different perspectives.

Biciitalia

clutton_2

""Surely he could contribute and give me the 75 shortfall until the benefits are paid to the tenent."

if he is not on your tenancy agreement and you accept money from him - you will be guilty of benefit fraud - as a LL you have a Legal Duty to inform the Council if your tenant's circumstances change - a change such as someone else moving in with her.......


you cannot be "seen" to know that he lives there

Biciitalia

Thanks again.

Letting through an agent with someone on HB is proving to be a real pain and will take socrates advice for the future.

The question now is that I am at stage of doing things simply black and white. To that end how do I go about informing the council of the third party. I am sure my neighbours would provide statements or evidence that indeed he is staying there full time and as I said all the signs were there that someone was there full time and not just the few nights here and there (for example 4 pairs of mens shoes on the shoe rack in the hallway, lots of mens toiletries etc - in hindsight I should have queried her when I visited the house last month but was trying to adhere to the 'quiet enjoyment'. The LA stated that they saw nothing when they went round - but they went the first week that she moved in. I get the feeling that she knows the system so well and all the little tricks.

Cheers again

Biciitalia

socrates

Biciitalia wrote: »

Thanks again.

Letting through an agent with someone on HB is proving to be a real pain and will take socrates advice for the future.

The question now is that I am at stage of doing things simply black and white. To that end how do I go about informing the council of the third party. I am sure my neighbours would provide statements or evidence that indeed he is staying there full time and as I said all the signs were there that someone was there full time and not just the few nights here and there (for example 4 pairs of mens shoes on the shoe rack in the hallway, lots of mens toiletries etc - in hindsight I should have queried her when I visited the house last month but was trying to adhere to the 'quiet enjoyment'. The LA stated that they saw nothing when they went round - but they went the first week that she moved in. I get the feeling that she knows the system so well and all the little tricks.

Cheers again

Biciitalia

Please try to read the advice given and the steps to take - clutton has told you NOT to tell them about the boyfriend.

The first thing you have to do tomorrow morning is get the LHA payments suspended - based on the arrears - and the likelihood that she will not be paying the money across.

How much does she owe you?

How much is the WEEKLY rent?

Answer my questions about the Letting Agent.

Its possible that he got a fee from the Local Auth as well as you and is complicit in all this.

There is a lot more advice on this subject on LandlordZone.com (in the Housing Benefits Questions section) - ultimately it looks like you will have to evict her and clutton is 100% correct - but suspending the payments is the key and cuts off her income stream.

How you go about authorising someone to deal on your behalf will be dependent on your Local Auth BUT do not get the Letting Agent be the one you authorise

Biciitalia

Answer my questions about the Letting Agent.

Its possible that he got a fee from the Local Auth as well as you and is complicit in all this

Socrates - I had to pay the LA the same as for any tenent full managed service - I have not had anything from the Local Authority - I will question the LA tommorow about this. Thanks for heads up about B.F misread the post.

biciitalia

socrates

Biciitalia wrote: »

Answer my questions about the Letting Agent.

Its possible that he got a fee from the Local Auth as well as you and is complicit in all this

Socrates - I had to pay the LA the same as for any tenent full managed service - I have not had anything from the Local Authority - I will question the LA tommorow about this. Thanks for heads up about B.F misread the post.

biciitalia

It seems you are reading everything incorrectly.

The AGENT may have got a fee from the Local Authority AS WELL AS the fee you paid him. He is hardly going to admit to this.

There are a number of Local Auth. who pay agents or LL's to house claimants who are living in Temp. Accom - that is why so many Letting Agents look for inexperienced LL's who they can deceive - and it is deceit.

Can you not just answer all the questions in one post?

How much does she owe you?

How much is the WEEKLY rent?

Biciitalia

Just a quick update - rent was due on 17th September - now owed 450 (full rent 525 minus 12 percent for LA) LA states that the tenant will not receive rent until last wednesday in the month (so would have been the 30th September) - tenant told by LA to keep me the LL onside by making an interim payment of 75 pounds which is the deficit from the benefits received from Government - not paid anything or got in contact since the visit of LA 2 weeks ago (plus LA asked the living arrangements - tenant stated b/f stays there 4 nights per week - is this co-habiting?) - gash excuses all the time for non communication the first time - mobile not working etc - grandma died - even LA quering latter - tenant stated that benefits office had messed up the payments - can serve section 21 on 17th october - severly tempted to do so - not running a charity - any advice as always greatfully received.

clutton_2

join national landlords association and learn how to be a landlord, then at least you will know if your agent is doing things properly (joining fee is tax deductible, and you get a great legal help line, magazines, discounts, much cheaper insurance etc etc)

ask for NLA advice on how to serve the section 21 - (download a copy from their website) and make sure your LA uses this one