Renting question (non paying tennant)

The_Jobber

Yes I do get all the gas/elec checks done yearly.

So, if I put the deposit into a scheme now - am I okay? Or would I still need to pay 3x the deposit?

Also, if HB gets paid directly to me, what about the shortfall? (They only pay 85% of it)

I still don't understand why I could have to pay him 6 months worth of rent? Is that just because the deposit wasn't put into a scheme?

Lastly, if they don't pay the shortfall, can I evict on those grounds?

theartfullodger

I still don't understand why I could have to pay him 6 months worth of rent? Is that just because the deposit wasn't put into a scheme?

Hmmmn... wonder why you don't understand this and other LL & tenant questions... ?? See my post above....

b) How did you enjoy the courses on being a landlord that NLA & RLA run?? Quite cheap & worth every penny...

Cheers!

Lodger

princeofpounds

So, if I put the deposit into a scheme now - am I okay? Or would I still need to pay 3x the deposit?

There hasn't been a binding decision at county court level yet, so some judges have different interpretations of the law. In the initial stages judges were more lenient to LL who complied late. However, there is a general trend towards judges being more strict, which in my opinion is the correct interpretation of the law. If a LL were to only have to comply in the face of a court case, they could go bankrupt or disappear beforehand and there would be no protection of the tenancy deposit, one of the main problems this was meant to overcome.

However, you would only have to pay if the T took you to court and won. So with luck nothing might happen at all.

what about the shortfall?

Your problem. Once the amount of total overdue rent exceeds 2 months worth then you can apply to evict on section 8 grounds, which is non-discretionary i.e. once it reaches court the judge will have to find in your favour.

I still don't understand why I could have to pay him 6 months worth of rent?

I think the poster was referring to a potential 3x penalty, plus 2 months arrears before you issue a section 8 that doesn't get recovered, plus one months non-payment before the court bailiffs finally arrive to evict.

The_Jobber

theartfullodger wrote: »

Hmmmn... wonder why you don't understand this and other LL & tenant questions... ?? See my post above....



Cheers!

Lodger

Well obviously I've never heard of these courses. If I had, and had been on them, do you think I'd be scratching round worried sick and posting on here?

I'm sure you're posting in good faith, but I'm clearly up a certain watery passage without a certain wooden instrument, so pointing out the bleeding obvious regarding my LL knowledge (zilch) isn't helping that much.

Thanks anyway though.

Jowo_2

The_Jobber wrote: »

Also, if HB gets paid directly to me, what about the shortfall? (They only pay 85% of it)
...

Lastly, if they don't pay the shortfall, can I evict on those grounds?

You must either educate the tenant that the onus is on them to pay the rent in full on time whatever the origins of their income and accept the consequences of arrears.

or realise that a tenant on low benefits is the least likely to be in the position to top up their rent over their HB limit....

Have you checked the LHA calculators to see what the current rent could be if you switched the tenant from HB to LHA. I'm not too clued up on the procedure, think the landlord loses a week's rent in order to provide a break and a new contract for LHA purposes - others will know. Of course, we are back in a situation where the tenant gets paid directly unless the council accepts that they are vulnerable in some way and can't manage their money (for example, special needs) and have a history of rent arrears.

N79

princeofpounds wrote: »

There hasn't been a binding decision at county court level yet, so some judges have different interpretations of the law. In the initial stages judges were more lenient to LL who complied late. However, there is a general trend towards judges being more strict, which in my opinion is the correct interpretation of the law. If a LL were to only have to comply in the face of a court case, they could go bankrupt or disappear beforehand and there would be no protection of the tenancy deposit, one of the main problems this was meant to overcome.

There will never be a binding County Court judgement - a case needs to go to a higher court for that. This is unlikely to happen without a T on legal aid and a housing association - but they are likely to comply with the law.

princeofpounds wrote: »

I think the poster was referring to a potential 3x penalty, plus 2 months arrears before you issue a section 8 that doesn't get recovered, plus one months non-payment before the court bailiffs finally arrive to evict.

The OP said that they took 2 months rent in advance as a deposit. 2 months times 3 gave the 6 months I stated. The futher 6 months was the average length of eviction proceedings during which it is fairly typical for non paying Ts to continue building their arrears.

Fire_Fox

The_Jobber wrote: »

Well obviously I've never heard of these courses. If I had, and had been on them, do you think I'd be scratching round worried sick and posting on here?

I'm sure you're posting in good faith, but I'm clearly up a certain watery passage without a certain wooden instrument, so pointing out the bleeding obvious regarding my LL knowledge (zilch) isn't helping that much.

Thanks anyway though.

We've advised you to join a landlord's association pronto, and to lodge the deposit pronto. Stop panicking and do this, then start reading up on the legal aspects and/ or attending courses and/ or dealing with the eviction in the correct manner.

Jowo_2

Landlordzone is a good source of information, including advice on how to serve notice.

If you don't feel confident or want to offload the stress, use a service such as Landlord Action that have great experience in evicting tenants and a transparent stepped payments, depending on how much effort it takes to shift them. Apparently, just their name and reputation alone can show a tenant that the landlord means business.

MissMoneypenny

Fire_Fox wrote: »

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.

That's a postcode lottery. Some judges read the law as a landlord having to pay into the deposit scheme within 14 days of the tenant giving the deposit. Others ignore the 14 day rule.

MissMoneypenny

N79 wrote: »

There will never be a binding County Court judgement - a case needs to go to a higher court for that. This is unlikely to happen without a T on legal aid and a housing association -

Or without a solicitor or barrister as the tenant. Or a tenant using their Legal Cover on their house contents insurance policy.