Landlord Woes

Quanz2

I have a property that i rent out - the tennant is in reciept of housing benefits and has become irratic in his rent, then it stopped. I should have had a payment on the 10th of August and have had nothing since. I contacted Housing Benefits and because he is more than 8 weeks in arrears thye have agreed to pay the money into my back account, but when i spoke to the women from Housing Benefits yesterday she told me that the tennent has stated that he has moved out as of the 15th of September and that his case was closed. I have not had the keys back from him yet and have no idea where he is now - can i ask the Housing & Benefits to continue to pay me my rent as he has not given me the keys back or given me any notice that he was leaving?
Also can i legally enter the property (more expense having to pay a locksmith), or would i be doing something illegal?

BitterAndTwisted

Have you tried to contact the tenant or visited the property to confirm whether they have done a bunk?

If it does appear that they have abandoned the property I would get a locksmith round pronto before your ex-tenant sells the keys on to some bloke they met down the pub.

tbs624

Was the T still within a Fixed Term or has the fixed term expired and the tenancy continued on a month to month basis?

Can you ask the LHA officer to confirm to you in writing that the T says he has moved out of your property? Have the neighbours seen the T moving out? If the T *has* definitely moved out then the LHA office will not pay his benefit past his moving out date, regardless of whether he has returned the keys to you.

Read here and here about abandonment and regaining possession your property, from LLZone and from Tessa Shepperson a solicitor who specialises in LL & T law.

You can also discuss it with the private sector rentals officer at the local Council.

Did you sign up a guarantor for this T?

Quanz2

Thats for the replies.
I should mention that i'm in Scotland, just in case the law is different.
The fixed term has expired, originally i rented the flat to him and his gf, as she was a friend of the family, but they split up and moved out. Wish he had left as well.
i will contact Housing and Benefits today and ask for a letter stating that he has moved out, so that i can gain access to my property.
I suppose i have no chance of getting the arrears back either.

Colincbayley

Quanz2 wrote: »

Thats for the replies.
I should mention that i'm in Scotland, just in case the law is different.
The fixed term has expired, originally i rented the flat to him and his gf, as she was a friend of the family, but they split up and moved out. Wish he had left as well.
i will contact Housing and Benefits today and ask for a letter stating that he has moved out, so that i can gain access to my property.
I suppose i have no chance of getting the arrears back either.

There is always a chance to get the money back that you are owed direct from the tenant/ex-tenant.
But you need to way up the chances of getting it if he is not working against the cost of chasing him for it.
There are plenty of track and trace firms around that will find him for you for a small fee ( £50 or so )
If that is an avenue you wish to take, then leave him alone for 3 months and let him settle down where he is, then contact a tracing firm, then sue him via the small claims court.

You will need to provide the tracing firm with some details to find him ( N.I Number, bank details, car reg etc ) Which I presume you got off the tenant before you let the property!

tbs624

Quanz2 wrote: »

Thats for the replies.
I should mention that i'm in Scotland, just in case the law is different.

Had presumed Eng/Wales as nothing said to the contrary. So now, see this page at Shelter Scotland

Artfullodger lets property in Scotland so he may be able to offer speicfic help.
.

Quanz2 wrote: »

i will contact Housing and Benefits today and ask for a letter stating that he has moved out, so that i can gain access to my property.

That's just part of your "evidence"

Quanz2 wrote: »

I suppose i have no chance of getting the arrears back either.

Some LLs prefer not to waste more money by pursuing thematter, and yet other enjoy the opportunity for a CCJ to be dropped on the former T, even if they have no hope of seeing the actual funds because it's the enforcement that's the hardest bit if T has no money.

Vet all future Ts fully, and always get a guarantor for those on very low incomes/LHA