Serious troubles with tenant

troubleswithtenant

Hi,

I need some advice on how to go about ending my troubles with our tenant.

She is DSS and the council has been paying me directly which wasn't an issue until oct this year when she decided to ask the council to pay her directly and refused to pay her rent to us.

We went to the council to advice of the situation and they said they would put the payment on hold and investigate the matter and get back to us..
after various calls to the council, they didn't respond to let us know what was happening.

But at least we had the hopes that when the case was finally resolved, we would be paid the backlog as well.
Finally, we got hold of someone at the council this week who said that the tenant called (obviously after not receiving any more payments from them) and advised that she left the property one month ago.
So the council resumed payment to her for her new property and nobody told us anything.
We have had to pay the mortgage on this property now for 3 months running and are now not sure what else to do.

She may still be living there and probably has registered another flat (maybe her mothers as her current residence so as to receive her benefits)

We can't gain entry into the flat without any legal documents and so what do we do if she ignores us or refuses to open the door.

We are so tired of the situation that we just want to sell up to be honest.

Any good advice would be helpful.
thanks.

anselld

What type of tenancy agreement is in place and how long has it got to run?

troubleswithtenant

rather embarrassing as the tenancy agreement ran out 2 years ago when our agents pulled out and we were never able to renew with her but didn't see it as a problem then as the council was paying regularly.

hindsight!

Wings

I had a similar problem with a male tenant, that ended up serving a section 8 Notice, then going to Court to evict the tenant, leading to Bailiffs forcing entry. Took me over 5 months to gain entry, the property was trashed, bathroom, kitchen units, uPVC double glazed units all had to be replaced.

The above tenant was receiving differing housing benefit payments using several addresses, dealing in drugs, operating a business using another address.

The system protects the tenant, and if in the OP's case they find the female tenant has lied to obtain benefits, then they will seek compensation from the LL/OP.

Wings

troubleswithtenant wrote: »

rather embarrassing as the tenancy agreement ran out 2 years ago when our agents pulled out and we were never able to renew with her but didn't see it as a problem then as the council was paying regularly.

hindsight!

The AST tenancy ended/ran out, but the same then becomes a Periodic Tenancy Agreement, so there was a tenancy agreement "running"

anselld

troubleswithtenant wrote: »

rather embarrassing as the tenancy agreement ran out 2 years ago when our agents pulled out and we were never able to renew with her but didn't see it as a problem then as the council was paying regularly.

hindsight!

Actually that means you can serve a Section 21 notice giving two months notice from rent due date.

Alternativly you can serve Section 8 as the T is in arears.

However, once these are corrently served and have expired you may need to go to court for possession order and to evict.

Unlikely that you will see the missing rent. Did you take a deposit? Is it in a protection scheme?

Suggest you get legal help.

troubleswithtenant

thanks for the replies so far....

so what precise steps do i take from here....

and if this is a fraudulent case, i'e she's still living there, can i claim back the rent from the council?

thanks in advance

troubleswithtenant

thank you anselld, can i backdate the notice as rent due date was in october?

anselld

troubleswithtenant wrote: »

thank you anselld, can i backdate the notice as rent due date was in october?

No, you cannot backdate anything.

Try here for an overview ...
http://www.landlordzone.co.uk/legal/tenancies-residential/ending-assured-shorthold-tenancy.htm

The reason that the deposit is important is that the T can use non-protection of the deposit as grounds to delay further by invalidating notices.

troubleswithtenant

Ok. thank you :-)

We want to go there tonight and knock on the door at least and serve the necessary notice..

what if she refuses to open the door or if she's not even there or has moved out...how do we know unless we gain access into the property (we have keys)

would that be against the law to gin access to see if she has indeed vacated the premises

anselld

troubleswithtenant wrote: »

would that be against the law to gin access to see if she has indeed vacated the premises

Yes. Against the law.

To serve, send 2 copies by regular 1st class post, from 2 separate post offices, and get a certificate of posting. This will be accepted by the court provided the notice is correct.

When is the next rent due date? Unless that is in the next couple of days you would be better taking time to ensure the notice is 100% correctly drafted and use the post.

If you really must serve in person take a witness and try to obtain a receipt from the T.


PS. Don't get into any argument that could be perceived as harrassment (also illegal despite the fact they have effectively stolen your house)