LL predicament (Urgent)

Jowo_2

adcarr1207 wrote: »

...

Is it possible that they will say he can stay in my property rent free????

No, but you can't get rent out of someone who doesn't have sufficient income to pay it, can you? Where do you think he can magic up the other half of his rent from?

They may tell him to negotiate an early release of his tenancy with you and remind him of his rights, namely that he can stay there if he wishes until you gain possession through the courts. They may ask him to put in for discretionary housing benefit, but that may not be granted, and is unlikely to cover 50% of 6 months worth of rent (£1500).

Concentrate on ending the tenancy, hopefully by encouraging him to surrender it early before he has accrued large arrears. Talk of complaining about it to CAB, in my opinion, shows he's a bit deluded about his benefit entitlements - there's little that can be done if he chooses to live in a property twice as expensive as his LHA.

adcarr1207

A deposit was never paid. because its been different members of the family in the house. so I have no deposit to give back.

tbs624

adcarr1207 wrote: »

not sure, this was what i was told by a friend ????

What experience of such issues does your friend have ? If you want to understand about HMOs, contact your local Council or look at their web pages.

It sounds as though the property has previously been occupied by two people so the rent will, as Jowo says, be more expensive that the LHA payments made to your current T.

He has asked if her could get a friend to move in with him to pay half the rent but I have said no because then it would be classed as multi- occupancy and then i would have to pay the council tax.

I think your friend has probably misquoted the "two or more households" without the other parts of the legislation. If there are no other issues with your current T why not look at agreeing to a new tenancy with his friend and him as joint occupants? Reference the friend properly,using a third party credit checking agency, talking to employer (if any), previous LLs and so on.

He then asked if I could put the tenancy agreement in soneone elses name who apparently gets £450 HB. This person is not reliable and so I dont want this person as a tenant. I have told my tenant that I cant do this as his tenancy agreement is for a minimum of 6 months.

You don't have to agree to take on a potential T about whom you have doubts.


You could suggest that both you and your T advertise for someone else who would be acceptable to you both

If T remains at property by himself, having said he cannot afford it then you can either

(a) Have a chat about whether he would like to surrender the tenancy early to be able to get somewhere cheaper. He is however entitled to remain until a court order says otherwise

or

(b) get ready to serve S8 notices as soon as your T has rent unpaid, with a s21 served as a belt and braces job. (Ts who are in arrears will be advised to pay down the debt prior to a court hearing so as to try to defeat the LLs application)

Note that if you try (a) you need to be careful for it not to appear that you are trying to illegally evict him, *making* him give up his tenancy before the FT expiry/court order for repossession.

Jowo_2

adcarr1207 wrote: »

jeez! nightmare......

he said that he has the rent for next month (apparently he has had to sell his X Box...Shame eh! I cant even afford an x box!!!!)

well, how many expensive gadgets do you think he has left to sell, to cover the shortfall in his rent for November and December because both of you were oblivious to some fairly basic questions around affordability and benefit entitlements?

adcarr1207

yep agree Jowo.

its difficult as I have personally known the family for years and known the fella in question since he was a kid! I am in the wrong for not doing the whole landlord thing correctly!

i am putting my hands up for not checking everything. But doesnt help with the fact that I still have a mortgage to pay and need his rent to cover it!!! Grrrrrrrr

clutton_2

be very careful with your figures when you apply to the council for direct paynent to you... you HAVE to ensure that he is more than 8 weeks in arrears... if you dont, then when it gets to court if you go that route on a S8 - (which is quite quick... you wait will tenant is 8 weeks in arrears, fill in a S8 notice give it to tenant, if tenant does not pay, 2 weeks later apply to the court, and as long as he has not paid off any arrears by court hearing date.. you will get possesssion- ask the judge for 14 days) your case may be thrown out....

or pay him something AFTER he has moved out and dont do this "bribe" in writing.... a clever housing advisor may see that as illegal eviction