HA tenant and growing rent arrears!!

tabskitten

dopester wrote: »

No offence, but I draw the same conclusion about quite a few posters here... myself included to some degree. Nice portfolio of properties.

In denial and insane... £219,950 for a house in Rossendale just doesn't compute to me but a long while since I've been up there. Been ski-ing on that dry-slope they have in the area a few times when younger.

Confusing.. the Ross one from your portfolio... is it back up for sale so soon? houseprices.co.uk has this data for that property:

Sales Date: 21/04/2009
Price: £198,000
Type: Ter.
Tenure: F
New Build: Yes

Hope you solve your tenant problem.

I do not see what this has to do with the thread that you are posting on. If you do your homework a bit more you will discover that I am emigrating hence the property being back on the market so soon.
If you think the price is high maybe you should come take a look in the house and you might revise that.
When have I been in denial- I have admitted my mistakes and am trying to sort them out- I am not denying anything.

I may well lose that money but if you think I am going to just give up without a darn good fight you have another thing coming- as does my tenant.

Constructive advice please.

FraudBuster

I may well lose that money but if you think I am going to just give up without a darn good fight you have another thing coming- as does my tenant.

Winning a Small Claims Court judgement is the easy part.

Enforceing a judgement against somebody with no assets and of no fixed abode is when it starts to get difficult.

tabskitten

FraudBuster wrote: »

Winning a Small Claims Court judgement is the easy part.

Enforceing a judgement against somebody with no assets and of no fixed abode is when it starts to get difficult.

Granted.

Still gotta try through.

FraudBuster

As this is a money saving site, throwing good money after bad is not advised.

dopester

tabskitten wrote: »

Constructive advice please.

Ok then. I've vaguely recall something on SigningPig and Landlordzone where a landlord can apply to housing benefits to get the money paid to them. Maybe policy is slightly, depending on the council.

I've just had a look-see, and it seems to require the tenant's approval for it to be made so - or at least in the Wirral, which I chose at random. I'm not sure if this helps - lots of complexities involved in your situation as I see it.

Rent Allowance Payments
The tenant has the choice of the following methods of payment

• direct into bank account
• direct to landlord

Payment will only be paid to the landlord at the tenant’s request – clauses included in the tenancy agreements regarding direct to landlord payments are not binding.
Changes in methods of payment can only be carried out with the agreement of the tenant unless the landlord has requested the change because the tenant has fallen 8 weeks in arrears.

/

Arrears of Rent
The Local Authority cannot prosecute the claimant for non-payment of rent to a private landlord. It is in the landlord’s interest to ensure the rent is collected from the tenant (see section 1 for when a tenant falls 8 weeks in arrears).


If the tenant is withholding rent payments for any reason, the Local Authority will suspend rent allowance payments until the dispute is sorted out between the tenant and landlord.

http://www.wirral.gov.uk/LGCL/100001/200008/content_0000080.html

However.. opening the PDF link from that page, it suggests that council will/might pay - or at least you can let them know the situation.

tabskitten

FraudBuster wrote: »

As this is a money saving site, throwing good money after bad is not advised.

How will I be going that?
I have been assured that the solicitor bills are added to the tenants arrears which will be taken AFTER I have my 2K back.

tabskitten

dopester wrote: »

Ok then. I've vaguely recall something on SigningPig and Landlordzone where a landlord can apply to housing benefits to get the money paid to them. Maybe policy is slightly, depending on the council.

I've just had a look-see, and it seems to require the tenant's approval for it to be made so - or at least in the Wirral, which I chose at random. I'm not sure if this helps - lots of complexities involved in your situation as I see it.



http://www.wirral.gov.uk/LGCL/100001/200008/content_0000080.html

However.. opening the PDF link from that page, it suggests that council will/might pay - or at least you can let them know the situation.

As I have stated earlier- i did all that first thing this morning- it was simple actually- contacted the council, proved she was over 2 months in arrears and as of today all rent is paid direct from council to me.

But thank you for that anyway:)

Catblue

OP, I didn't mean to be unsympathetic to your situation. The tenant should absolutely be paying her rent on time. And having got into arrears, she should absolutely be making huge efforts to pay off those arrears.

You are the wronged party here, but getting your cash back could be lengthy and ultimately futile. That's why most landlords act very quickly when a tenant gets into arrears - not because they are unsympathetic, they are just trying to minimise their losses.

If this drags on, then it is going to be difficult to fight a court case in this country when you are resident abroad. I'm not even sure that you can use the small claims court in this country if you are resident abroad.

Really hope you get it sorted before you go though.

tabskitten

Catblue wrote: »

OP, I didn't mean to be unsympathetic to your situation. The tenant should absolutely be paying her rent on time. And having got into arrears, she should absolutely be making huge efforts to pay off those arrears.

You are the wronged party here, but getting your cash back could be lengthy and ultimately futile. That's why most landlords act very quickly when a tenant gets into arrears - not because they are unsympathetic, they are just trying to minimise their losses.

If this drags on, then it is going to be difficult to fight a court case in this country when you are resident abroad. I'm not even sure that you can use the small claims court in this country if you are resident abroad.

Really hope you get it sorted before you go though.

Thank you
I am fully aware that I have been stupid and that this is my own fault- I was naive and trusting and believe me will never make that mistake again.

Better to act late than never through.
All I can do now is fight for my money, sell up and get the hell out of this hellhole we call the UK!!

I am sure the USA is even more of a hellhole but at least its a warm one!! After this ordeal I will be happy in a trailer park- no stress, no mortgage, no worries......well maybe;)

property.advert

If the 12 months of the 12 month AST is up then you are expecting her to move out on that date. If you have let it roll over, then you are I believe in a periodic tenancy. Inaction will cost you.