Bad tenants not paying owed rent but still recieving housing benefit!! Advice plz!!

faekah

I really need some advice for my parents. They have a small property which they rent out which in turn helps them pay the mortgage on our family house. The tenant initially paid her rent on time, but has not for 5 months now !! This has left my parents not being able to pay their mortgage on time and running of feeds and debt. They were being nice to the tenant and letting her have time as she had to give up her job due to her teenage son being in hospital. However since then she has been saying she is waiting for compensation or their is a problem with the bank account or that she is owed housing benefit and the council are not paying it.
Over a week ago the council admitted to my parents that they have been paying this tenant money for the rent, but she has not been passing this on - effectively stealing it is the phrase they used. She denies this but several people in the council have confirmed. The council have failed to stop payments to her - we asked could it come directly to the landlord - and now she owes my parents a lot! In addition she has purposefully caused damage to the property (pulling a radiator of the wall, breaking the shower, causing damp and water leaks) - we are presuming because she wants to state that the property isn't up to use - presumably because she wants a better one from the council!! We really don't know what to do!! We're shocked a tenant could do such things.

Parents are now owed nearly 2 thousand in past rent and also 1 thousand in damage to the property. The tenant has also told us she is leaving in 3wks now because she has been re-housed - we are very scared we will never get this money back!

Any advice would be greatly appreciated. I don't know if anyone has had such issues with tenants before?!

terryw

Unfortunately, this story is far too common.

As a priority, the landlord must contact the council (preferably by a visit in case a form is to be completed) and ask that any HB/(LHA) be paid direct to the landlord.
Once there are eight weeks arrears the council should comply.

CloudCuckooLand

Probably best not to rely on her stating she is moving out, it could be a delaying tactic to get more free accommodation.

Keep evidence of damage and unpaid rent, it will be needed to retain her deposit. The rest you will struggle to get, but you could try through the small claims court, fairly cheaply.

Serve notice in the correct manner.

faekah

Thanks. My parents have been making daily visits to the council the last fortnight. They have agreed now to bypass payments to her.
This afternoon we found out the tenant called the police two weeks ago to show them the water damage (caused by her pulling a radiator of the wall) - funnily enough she didn't report it to us for two weeks and then my parents called in th plumbers to fix it the same day.

faekah

If a person hasnt paid rent in so long are you even obliged to give them notice?

ladymarmalade1970

You need to get a section 8 served for rent arrears (if this works you could start proceedings to get her out in 2 weeks) and a section 21 a.s.a.p. as backup in case she pays the rent. I would get a reputable solicitor or online company to do these as if you make a mistake they won't be valid.
I think you can get both served for about £165 online.
Do it tomorrow. If she doesn't go in 3 weeks your parents are stuffed.
Then, you need a forwarding address so that you can chase her through the courts for the rent arrears. She will have to pay it but this is providing you have an address for her.

Edit to add@ http://www.legal4landlords.com/residental-eviction/?gclid=CKyl_IPg3agCFUtC4QodqEeY-w#step-1 £99 here. There are many more places available.

faekah

Thank you!! Trying to contact solicitors now. How can you make someone give you a forwarding address though? I presume she will only lie as she knows we will take her to court.

ttoli

faekah wrote: »

Thanks. My parents have been making daily visits to the council the last fortnight. They have agreed now to bypass payments to her.
This afternoon we found out the tenant called the police two weeks ago to show them the water damage (caused by her pulling a radiator of the wall) - funnily enough she didn't report it to us for two weeks and then my parents called in th plumbers to fix it the same day.

Not a police matter?

faekah

well she called the police to say the house was in a state (2 radiators somehow magically dropped off the walls) - she didnt call them to report her own malicious damage, so yes it was unnecessary. I think if there is a real problem with their property most sane people contact their landlords.

ladymarmalade1970

I don't know how you would get a forwarding address. Given your parents have been down the council a lot they may give it to them or you may be able to track her down via an agency.
Either way, your first step should be getting those documents served ASAP. Once you have spoken to one of those companys you will feel so much better anyway. I have been there and it's a constant worry. Paying someone else to sort it for you is such a relief.
This one is only £65 http://www.landlordadvice.co.uk/ for a section 8 AND 21.
I have used this person in the past http://www.evicthem.com/. I would recommend them. I didn't need to go to court as she left in the end. He also gave me an abandonment notice for free and a form to give to the council so that the HB would be paid directly to me. I think i paid him about £200 in total. He did all the court papers for me as well. It was money well spent to get my property back and have peace of mind that someone who knew what they were doing was dealing with it. Also, he is very logical and to the point. He doesn't care about sob stories etc. He summed it up for me by saying why should you pay their rent, you don't even know them. He was right and i was a single parent to 3 children at the time this "thing" was ripping me off EVERY month. Partly my own fault for feeling sorry for her and i suspect your parents are the same.

faekah

HI

Thanks very much for your advice. My parents did end up speaking to a solicitor who did exactly those things. Probably more costly but I guess they felt it was worth the peace of mind. The whole thing is crazy! I'm encouraging them to go with a company that deals with the tenants as I can't cope with the stresses passed on from parents (not sure how they are coping!).