Evicting Tenants

N79

silvercar wrote: »

Why would you want to evict this tenant? Soon you will have a situation where the mum is houseproud and keeps the home in good condition and the council will pay you rent direct (as arrears mean you can ask for this). Why would you want to evict? Play your cards right and you could have a long term tenant and virtually guaranteed rent.

Whatever the outcome the joint tenancy needs to end. Currently other half has full access rights to the house.

clutton_2

""
If the rent is paid a month in advance then they do owe two months on the 1st day of the second month."

National Landlords ASsociation have recently lobbied hard with Whitehall, who have now written to local authorities to instruct them to accept this as law...

In the past many of them had been trying to delay payment by claiming that the 2 months had to pass in real-time before eligibility for direct payment of LHA and issueing of S8 kicked in.....

clutton_2

i interpreted this landlord's posts as trying to find out when the actual 8 weeks S8 date is.... this will enable him to go to the council and get the rent paid directly to himself - which would mean the tenant has a secure home.....

is that right ? or it Fatballz right ?

with the switchover from joint to single tenancy this will complicate and lengthen the LHA application process.....

but as long as the LHA is paid to the landlord i think this tenant will either be a long term one, or if the violent husband returns to make a fuss, it could be a difficult tenancy to manage...... but not impossible....

BitterAndTwisted

You may have misinterpreted the OP's intentions and motivation. At least I hope you have. There's nothing like a Section 8 to get housing departments moving at faster than a snail's pace when they might have a family with four children to house when the non-payment of rent is not due to them having blown all the rent-money on fags, booze and lottery tickets.

Fire_Fox

N79 wrote: »

Whatever the outcome the joint tenancy needs to end. Currently other half has full access rights to the house.

I wonder if the wife will get full LHA while there is a joint tenancy in place? Over in the Benefits board there is a couple getting only two thirds LHA as their adult daughter is named on the AST, even tho she is living away at university for much of the year (proven by her own AST). The council have still deemed her liable for a third of the rent at her parents home.

rapid82

Dad probably thinks as he's gorn he disnae owe you anything... silly boy... btw if Dad gives notice just for himself then the whole tenancy ends .. Wonder what would persuade him to do that then??

We've tried calling the husband on many occasions but he's yet to answer his phone. I think it was a really bad split, so much so the wife has been to the police to get an injunction order against him.

Just to clarify, I'm not wanting to kick her and her family out, I'm trying to see angles on how to speed the process up and how best to tackle this.. but if there's issues and it doesn't look promising I will need to shift them as I only have 3-4 months worth of mortgage payments in savings to cover their missing payments..

Both the wife and husband are on the tenancy agreement, thats the other issue really, what would be the best thing to do here? as he's gone so in theory the agreement is void, but I'm not keen to setup a new agreement as this would mean the 6 month fixed period would start again..

N79

rapid82 wrote: »

We've tried calling the husband on many occasions but he's yet to answer his phone. I think it was a really bad split, so much so the wife has been to the police to get an injunction order against him.

Just to clarify, I'm not wanting to kick her and her family out, I'm trying to see angles on how to speed the process up and how best to tackle this.. but if there's issues and it doesn't look promising I will need to shift them as I only have 3-4 months worth of mortgage payments in savings to cover their missing payments..

Both the wife and husband are on the tenancy agreement, thats the other issue really, what would be the best thing to do here? as he's gone so in theory the agreement is void, but I'm not keen to setup a new agreement as this would mean the 6 month fixed period would start again..

My advice (as a LL that has been in this situation many times) would be to not get involved in the personal disputes of your tenants (they are both your tenants). If they can not sort things out then thats their problem.

You are right that granting a new tenancy to a T with no means to pay the rent would be madness.

If you only have 3-4 months of savings (no where near enough) then you need to start eviction proceedings now. You will be very lucky indeed to gain possession in that period of time - most possession cases take between 4-6 months from serving the S8G8 notice to gaining possession (ie T will be around 5-7 months of rent unpaid at time of eviction).

Colincbayley

rapid82 wrote: »

Both the wife and husband are on the tenancy agreement, thats the other issue really, what would be the best thing to do here? as he's gone so in theory the agreement is void,

Not so, the AST is still fully valid, just because one party has moved out, does not void the agreement.

clutton_2

if you dont want to issue a new tenancy then get your tenant to sign a Data Protection disclaimer form so that the council will at least talk to you about her claim, go with her to the Housing office and find out what needs to happen for the benefit to be paid to you directly .... take a S8 and S21 notice with you...(these do act as levers against the local authority - and you dont have to act on them)

even if she does leave later on down the line you need to be getting income now

could she get a guarantor ?

rapid82

The wife has now authorised me to speak to the housing benefits department direct about her application which is good news, going to call them today to discuss and check how the application is progressing.

If the council don't give me confidence about her application I'm going to issue a section 8 grounds 10 & 11 but was also thinking of including ground 14 due to the injunction she has taken out on her husband and requesting to get the locks changed etc.

Ground 14 - The tenant or someone living with or visiting the tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes, or has been convicted of an offence in the local area.

Would adding 14 on be a wise idea?

Thanks,
R