CONFUSING TENANT no idea who is in house

mrsscruffy

Can anyone advice plse? I have rented my house out to a lady who is claiming Housing benefit. This does not meet the full cost but her father is guarantor and contributes the remaining. A month after her contract she asked if her father could move in and I agreed as long as we issued new contracts with both on as tenants.
It has since come to light (although I have no absolute proof ) that she is still claiming benefit. I have also been informed that her boyfriend has moved in too!
I am unsure where I stand legally now - my rent is always a week late too, and I would like to issue Section 21 to them (they are on 12 month contract). Should I have sent a copy of new contract to Housing Dept (although I have never had anything to do with them as I was being paid via her fathers bank account). I am confused and worried that she may not leave at the end of her contract.

PasturesNew

When does the 12 month contract end?

mrsscruffy

The contract doesn't end until June 2010! I am new to renting and fear I might be too trusting!!

mrsscruffy

June 2010!!!

mogadon

If she is claiming HB fraudulently the council can claim it back off you, if they can't get it back off her.

mrsscruffy

I don't know if she is claiming benefit. I am paid by her Dad who is on the new contract as a tenant as well. He pays me monthly by Direct Debit. How can I be laible for an overpayment if I don't know ( I am only suspecting as she hasn't told she is). I have no knowledge if she is still claiming as when I issued the new contract I assumed it would be her who informed authority of changes - I have nevr had any corresponence from authority as the rent was always paid by her Dad via his bank. I haven't a clue over her benefit situation

Bufger

mrsscruffy wrote: »

I don't know if she is claiming benefit. I am paid by her Dad who is on the new contract as a tenant as well. He pays me monthly by Direct Debit. How can I be laible for an overpayment if I don't know ( I am only suspecting as she hasn't told she is). I have no knowledge if she is still claiming as when I issued the new contract I assumed it would be her who informed authority of changes - I have nevr had any corresponence from authority as the rent was always paid by her Dad via his bank. I haven't a clue over her benefit situation

not having a clue about it doesnt automatically mean you're not liable so you are best to find out. You should learn more about your tennants situation so you can better judge what is likely to happen and prepare for it. Turning a blind eye or being oblivious to it all wont help you so be a little more proactive and arm yourself :cool:

parallax_20

If her dad pays via direct debit why are the payments always a week late? I wouldn't worry about her financial situation as long as the rent gets to you. Housing benefit would be chasing the tenant for any back payments. If you don't know she is claiming benefits, then don't make assumptions or claim to know. It may come to bite you in the a$$ in future if she gets investigated for fraud.

I'm not 100% sure, but I don't think you can issue a section 21 notice without good reason. i.e. you selling house or they have defaulted on rent payments. If you had a 6 month break clause in the contract, you could issue S21 to get them out after the 6 months.

I would recommend you ask the same question at landlordzone.co.uk. There are experience landlords on the forum that would give you the right advice, plenty of guides for new landlords too. With the vast number of legal requirements now a days, its best to stay on the right side of the law when letting out, otherwise there can be fines and possible imprisonment if you fail to comply. I've only been a landlord for 2 years and decided it wasn't quite for me. It scared the heck out of me when I started so left the management of the property to an EA purely because I didn't want to put myself at risk. You may want to consider this option when re-letting to tenants.

Good luck.

mrsscruffy

Hi there. I am not sure why we always get paid a week late!!! I have explained to them that we need payment by 1st of month but it never arrives until 7th. I think they need to re adjust their DD! I have tried to be pr-active. I have sent texts saying that they must inform me and authorities of any changes and it may mean new contracts may need to be issued. I was under the impression I can issue notice anytime stating that they need to leave at the end of their 12 month contract. I fail to see what else I can do but ask them to be honest with me. Should I keep copies of texts and replies? Also, the payments are made via her fathers bank, no attempt has been made to pay me via any benefit authority. I haven't been approached by Housing benefit or anything.

flybynight

not related to your tenants HB or anything, but i think when i had a direct debit to mrs flybynight for something it came out of my account on one day but did not show in hers till a few days later. may be worth asking your bank if this is the case.

mrsscruffy

I think there is just a delay on payment cos of bank. To be honest I am not too worried about waiting a few days for payment but am concerned that I could be liable if they are not telling me the truth. I just want them to be truthful with me and authorities as I don't want to be getting into trouble through no fault of my own!!