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

may_fair

faekah wrote: »

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

It's a criminal offence to evict a tenant without due process of law; i.e. serving notice and obtaining a possession order.

may_fair

faekah wrote: »

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!).

There are ways to limit the risk of a 'bad' tenant.

1. Thorough reference/credit checks (refuse Ts with CCJs or otherwise poor references, or stories which don't add up).

2. Take at least a month and half rent as deposit, and have an inventory/condition report carried out at the start of the tenancy.

3. If T is on benefits, insist on a guarantor (and have the guarantee executed as a Deed).

4. Don't listen to sob stories. Serve a s.8 notice immediately the rent owing and unpaid fulfills the criteria for the mandatory ground 8; i.e. don't wait five months! (See s.8 and Schedule 2 Housing Act 1988) http://www.legislation.gov.uk/ukpga/1988/50/contents

taxsaver

may_fair wrote: »

have an inventory/condition report carried out at the start of the tenancy.

Do you do this yourself or have a professional do it? If the latter do you have any recommendations of a well priced and good quality provider?

may_fair

taxsaver wrote: »

Do you do this yourself or have a professional do it? If the latter do you have any recommendations of a well priced and good quality provider?

I use an independent inventory clerk nowadays, but years ago I made a DIY inventory, signed by T, and relied on it in court with no problem.

It is rumoured that the deposit schemes' adjudication services regard DIY inventories as less reliable evidence, (but in the event of a dispute I'd probably opt out and go via the county court anyway).

You can find a clerk via http://www.theaiic.co.uk/

rodent

taxsaver wrote: »

Do you do this yourself or have a professional do it? If the latter do you have any recommendations of a well priced and good quality provider?

I do video inventories (property condition report) with the T on move in- I get T in shot to confirm, address, date & name etc
I zoom in on any marks and give a continous running commentary - i get T to open/close windows in each room as we go -switch light on & off, zoom on meter reads, inside oven fridge etc
i have been doing this for nearly 5 years & have not had a T refuse to co-operate yet !
I expain that a pic is worth a 1000 words and a vid is as good as it gets - for both LL & T sakes.
Nowadays most phones are capable of the job - I use a simple digital camera. Vid is downloaded and a copy given to T on mem stick or email.

FOURCANDLES_2

may_fair wrote: »

There are ways to limit the risk of a 'bad' tenant.

1. Thorough reference/credit checks (refuse Ts with CCJs or otherwise poor references, or stories which don't add up).

2. Take at least a month and half rent as deposit, and have an inventory/condition report carried out at the start of the tenancy.

3. If T is on benefits, insist on a guarantor (and have the guarantee executed as a Deed).

4. Don't listen to sob stories. Serve a s.8 notice immediately the rent owing and unpaid fulfills the criteria for the mandatory ground 8; i.e. don't wait five months! (See s.8 and Schedule 2 Housing Act 1988) http://www.legislation.gov.uk/ukpga/1988/50/contents

Very true and a very unfortunate story , as there is always a risk in most things , such as people defaulting on mortgage payments and having to be repo and evicted over 40,000 repos at last count and the lender having to jump through hoops to get them out and of course we all pay for that in the end.

FOURCANDLES_2

may_fair wrote: »

There are ways to limit the risk of a 'bad' tenant.

1. Thorough reference/credit checks (refuse Ts with CCJs or otherwise poor references, or stories which don't add up).

2. Take at least a month and half rent as deposit, and have an inventory/condition report carried out at the start of the tenancy.

3. If T is on benefits, insist on a guarantor (and have the guarantee executed as a Deed).

4. Don't listen to sob stories. Serve a s.8 notice immediately the rent owing and unpaid fulfills the criteria for the mandatory ground 8; i.e. don't wait five months! (See s.8 and Schedule 2 Housing Act 1988) http://www.legislation.gov.uk/ukpga/1988/50/contents

"Don't listen to sob stories. Serve a s.8 notice immediately the rent owing and unpaid fulfills the criteria for the mandatory ground 8; i.e. don't wait five months! (See s.8 and Schedule 2 Housing Act 1988) http://www.legislation.gov.uk/ukpga/1988/50/contents[/URL"


What the lender bank/building society have to listen too when a buy to let person bemoans he let in a bad tenant, and as such is now behind on mortgage payments , as the idiot in yesterdays mail.

jamie11

The council should have suspended her payments the instant they found out what she was doing. If they did not do that then your parents should demand payment from the first time they reported her.
There are precedents for this.

So far as 'stealing' is concerned, That is what it is, but the 'powers that be' don't view it in the same way. So far as they are concerned housing benefit can be spent on anything.

Also be aware that if your parents are receiving the rent directly, then if the claim turns out to be fraudulent in anyway the council would have the power to claw back payments from your parents.

Try and collect any evidence of ID that you can while the tenant is still there, it would make it easier to trace her when she has gone, and remember you will have six years to bring your claim, she may have the money in a couple of years.