Serious troubles with tenant

clutton_2

troubles with tenant.. you clearly have become an accidental landlord and have done no research as to how to get rid of tenants.

Instead of taking a variety of advice from an internet forum, and much of of it good, but you wont know which is good and whihc is bad, as a LL myself i suggest your best optioin is to join National Landlords Association (joining fee is tax deductible)@ and take advantage of their legal help line. You cannot get rid of this tenant on your own as you dont have the knowledge or the expertise. NLA will talk you through the entire process, form by form, line by line, so that you can regain your property.

The first thing is to establish that she has left the property. If the council have stopped paying her - they must believe she has left. Ask the neighbours - look through the letter box - look through the windows (tenants on this forum will shout "horror" at this as an infringement of tenants rights).

IF you do this "by the book" it will take several months as the NLA will talk you through - by way of a court process.

If you really believe she has left and could prove where she has gone to, and if it were me, i would reposses the house myself, change the locks, and get on with my life. No tenant who owes you soo much money is ever going to come back and say "i want this house back".

troubleswithtenant

Hi,

thanks for your post

They (the council) haven't stopped paying her actually.

I believe they are now paying her for another property, perhaps her mother's.

She contacted them after she realised her payments had been stopped due to their investigations..

elmer

The council will only pay her Housing benefit on any property with a current lease, so she must have a signed lease for another property to be receiving any benefit.

Housing Benefit is not payable at all if she is living with her mother unless she has become a joint tenant on that property.

Hope this helps

Elmer

patman99

If you want to find-out if she is still there, send her a parcel that is to big for the letter box (make sure to wrap it in distinctive paper). Park within view of her front door, then when she opens the door, take a photo. Then head down to the council offices with your evidence.

Wings

troubleswithtenant wrote: »

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

No you can't back date a Notice, but have you checked that there is not a back log, unopenned mail at the rented property?

clutton_2

if this were me - i would repossess the property. If she is claiming HB for another property she cannot be living in yours - and i would regard this as good grounds for believing that she had abandoned the property.

Do take a witness with you when you go in and take photos.

Wings

clutton wrote: »

if this were me - i would repossess the property. If she is claiming HB for another property she cannot be living in yours - and i would regard this as good grounds for believing that she had abandoned the property.

Do take a witness with you when you go in and take photos.

This would be unlawful, the legal route must appear to have been taken by the OP/LL

tbs624

Wings wrote: »

No you can't back date a Notice, but have you checked that there is not a back log, unopenned mail at the rented property?

That's not a form of deception being suggested there is it Wings? Shame on you if it is.

tbs624

OP - you need to familiarise yourself with the rights and obligations you have as a LL, rather than waiting until you are in a mess. Some Ts can, and will, run rings around inexperienced LLs.

Have a look at Tessa Shepperson's Landlord Law web pages on abandonment. You may wish to talk to the private sector housing officer at your local Council so that you can be sure that you are handling the matter correctly.

satchmeister

tbs624 wrote: »

OP - you need to familiarise yourself with the rights and obligations you have as a LL, rather than waiting until you are in a mess. Some Ts can, and will, run rings around inexperienced LLs.

Have a look at Tessa Shepperson's Landlord Law web pages on abandonment. You may wish to talk to the private sector housing officer at your local Council so that you can be sure that you are handling the matter correctly.

I think the OP as a LL thought the only obligation was to collect the DSS rent money. Surely there are no other obligations are there?