Tenant from hell!

lilyxpie

Hi,
I'm after advice again regarding my problem tenant. In a nutshell, the house has been wrecked by a dog she doesn't have permission to have. She has painted it orange and invoiced me the cost in the means of knocking it off her rent. I have been threatened by her partner and knocked over by her dog. My husband now has to go and collect the rent- it has always been paid in full but never on the due date and always in installments over the month. She requested notice which I was more than happy to give ( I waited until this month as I have been on maternity leave and could not afford repairs until now). Her section 21 ends on 24th sept.
She has now decided that she cannot pay the rent and has text me to inform me to use the deposit. I have explained that it is protected and non accessible until the end of her tenancy. I know that she receives full housing benefit and also has moved her mother up and receives her money too.
Advice needed on my options - I will be £1000 down per month and it will bankrupt me. The house was only rented out ad in negative equity when my husband and I married. Should I contact the council and say she is not paying? Will they be able to do anything about it?

Help needed before I hit the red in a colossal style please!

Thanks

RAS

How far in arrears is she at the moment.

Rent date?

robpw2

Hell has a lot of tennants

suited-aces

No rob, it seems they've all moved up here.

lilyxpie

She's only in arrears from now- am I right in thinking it has to be 2 months before anything happens? Know I then have to apply for possession order when section 21 expires but is there any way to expedite this now she's no intention to pay for the notice period?
Thanks

robpw2

lilyxpie wrote: »

She's only in arrears from now- am I right in thinking it has to be 2 months before anything happens? Know I then have to apply for possession order when section 21 expires but is there any way to expedite this now she's no intention to pay for the notice period?
Thanks

after 2 months you can issue a section 8 order for not payment of rent

but as she is in notice period i doubt there is any point

pinkshoes

lilyxpie wrote: »

In a nutshell, the house has been wrecked by a dog she doesn't have permission to have. She has painted it orange and invoiced me the cost in the means of knocking it off her rent.

She painted the dog orange?!?!

Is she planning on getting a council house? I'd tell her that she has 7 days to pay her rent in full, otherwise you'll be reporting her to the council for not paying, and thus would be seen as making herself intentionally homeless and would not get a council house.

Ultimately, if she has no money, there's not a lot you can do, as even if you take her to court, she's unlikely to be able to pay.

Was there a guarantor you can go after for the money?

pararct

Did you 'vet' the tenant? Pursue references ect?

lilyxpie

Lol - not the dog orange unfortunately but my property! She was given reference by a mutual friend. She has been in the property for years now and no major issues until the last 6 months really. Does anyone know if I can ask council to pay rent directly to myself? will they stop paying her the housing benefit as does it class as fraud? She has regular holidays to see her family abroad. Thanks

robpw2

lilyxpie wrote: »

Lol - not the dog orange unfortunately but my property! She was given reference by a mutual friend. She has been in the property for years now and no major issues until the last 6 months really. Does anyone know if I can ask council to pay rent directly to myself? will they stop paying her the housing benefit as does it class as fraud? She has regular holidays to see her family abroad. Thanks

if they have not paid you lha for two month then you can ask council to pay it to you

may_fair

lilyxpie wrote: »

...Her section 21 ends on 24th sept.
She has now decided that she cannot pay the rent and has text me to inform me to use the deposit. I have explained that it is protected and non accessible until the end of her tenancy.

If rent is payable monthly, you can serve a s.8 notice citing the mandatory ground 8 (as well as the discretionary grounds 10 & 11), when there is two months' owing and unpaid.

This is not the same as two months in arrears.

For example, if rent is payable monthly in advance, and T does not pay on 1st February, and again does not pay on 1st March, then on 2nd March there will be two months owing and unpaid.

A s.8 notice citing the above grounds need only give T 14 days notice, after which you can apply for possession. If there is still two months' owing and unpaid at the time of the hearing, the court must make a possession order.

You could also cite grounds 12 (re the dog) and 13 (re the dog and the orange paint).

See full text of the grounds here: http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

She requested notice which I was more than happy to give ( I waited until this month as I have been on maternity leave and could not afford repairs until now).

Can you clarify what you mean by this? What have repairs got to do with serving a s.21 notice, and is there any disrepair in the property which is your obligation to repair but which you have failed to repair?