Renting question (non paying tennant)

N79

Prince all true but the OP has not yet stated the start date of the tenancy. The deposit only needs protecting if the tenancy started after the 6 Apr 2007 (If I remember the date correctly). We only know that it start over 2 years ago.

I agree that this is beginning to sound rather hopeless for the OP and damage limitation may be required. Having to pay the T 6 months of rent and having 6 months rent unpaid and unrecoverable (T is on benefits) during the evicition process would stand as a lesson that all the posters on here who cheerly think that renting is an easy option to selling.

princeofpounds

Prince all true but the OP has not yet stated the start date of the tenancy. The deposit only needs protecting if the tenancy started after the 6 Apr 2007 (If I remember the date correctly). We only know that it start over 2 years ago.

Good point... I'm so used to renewing annually I forget about that. Also bear in mind OP that if you renewed the tenancy at any point after this date for a fixed term then you are covered by the DPS legislation.

Jowo_2

Notify your local council that he's in arrears - by the sounds of it, he's probably on HB where the tenant can opt to receive it directly or allow the landlord to. If he's on HB, ask him to sign a form that consents to your being paid directly.

Under LHA (the replacement for HB), it is paid directly to the tenant but the moment the arrears hit 8 weeks, they are obliged to pay the landlord directly and may prefer you to contact them early so they can prepare for this. Not sure if its the same threshold for HB but the Local council will advise.

Note that if the landlord is paid directly by the local council and the claimant turns out not to be eligible for any reason for HB/LHA, then the council will make you pay back the benefit to them.

The_Jobber

I'll not kick him out then, I'll tell the council to pay HB to me instead.

As for me having to pay him money for not ticking the correct box or missing a signature while he continues to be an unemployed leech on the country - well, I'd simply not pay him. Surely it's a matter of principle?

I hate being involved in this whole thing. It's not me. Can I sell it with him inside?

princeofpounds

Surely it's a matter of principle?

It might be as far as you are concerned, but the country operates under the rule of law, not the rule of principle, as people's principles can be very different...

Can I sell it with him inside?

Yes in theory, provided that you tell the buyer he is there. It's practically more difficult however.

Jowo_2

The_Jobber wrote: »

I'll not kick him out then, I'll tell the council to pay HB to me instead.

As for me having to pay him money for not ticking the correct box or missing a signature while he continues to be an unemployed leech on the country - well, I'd simply not pay him. Surely it's a matter of principle?

I'm not sure I understand you with your talk of 'not paying him'. What i've tried to explain is that if the council pays you his benefit directly and he's not entitled to it or has committed fraud, they'll seek the money back from you.

HB tenants are high risk tenants and its often a disaster for a novice/accidental landlord. Have a look at the HB/LHA forums on landlordzone to understand some of the issues, including how much harder it can be to evict a HB tenant, and their hints and tips for managing the tenancy.

Many tenants will not permit agents, surveyors and buyers to enter the property while they occupy it. The landlord can do nothing if the tenant withdraws their consent for people accessing the property.

The_Jobber

But you get my point? I don't pay my mortgage I get slung out of my house. He wont pay his rent he gets a four grand windfall.
You see people drink driving and killing some poor soul and getting a £250 fine, yet innocently rent out your house (all legit re s/emp etc) without knowing of these pitfalls and you get wiped out financially.

This country eh. (rant over). Not everyone acts like Nicholas Von Hoogstraaten (or whatever he was called).

Fire_Fox

The tenant won't be able to take you to court and get a windfall if you crack on and lodge the deposit (or rent in advance) in a scheme NOW. Also contact the council to get HB paid directly to you and, if you want to, serve two months notice. Please do join a landlord's association as has been recommended, it will pay for itself ten times over if you are a novice landlord dealing with 'professional' tenants.

Jowo_2

I understand your frustration - there is little chance of redress by a private landlord when their HB tenant elects to spend their rent on things other than their rent, plus they can be harder to evict (because local council's are stretched and sometimes tells the tenant to ignore their notice period and remain in place until the landlord gets a court order for possession).

it's unfortunate that the loss of social housing through Right to Buy and decimation of company pensions (hence boom in buy to let) means novice landlords end up risking their nest egg with vulnerable tenants. I agree that private landlords are not a branch of social services.

However, the onus is on you to be business like about the business of letting property and remain dispassionate and professional. If you were knowledgeable enough at the outset of the tenancy you would have done what most experienced landlords do for risky tenants and insist that they provide a guarantor and sign the document that gives authority for the landlord to receive the rent instead.

I hope you've arranged a gas safety certificate on an annual basis if there is a gas boiler or gas appliances in the property because if not, you risk a huge fine and possibly imprisonment. I also hope you've got a signed inventory/schedule of condition because if not, if the tenant trashes the property, there's no evidence that they were responsible.

theartfullodger

Renting question (non paying tennant)

a) Tenant has only 2 "n"s, not 3...
b) How did you enjoy the courses on being a landlord that NLA & RLA run?? Quite cheap & worth every penny...

Cheers!

Lodger