Tenant on Housing Benefit

skintsue

The La is part of a national franchise. I don't know how many of them there are in the country, so if this would identify them, Moderator please remove these details.
As such, franchise, wouldn't they have to be regulated by the company under whose name they trade?
They appear to be signed up to the regulatory body for Letting Agents, but are they toothless figures there for appearance, and have no real authority, and made up of their own to protect themselves rather than the public? Or do they have the power and will to pull up the less transparent and evasive members?

skintsue

The guarantor is a working homeowner, and did sign a witnessed Deed of Guarantee (or whatever the correct title is).
I am going to be sueing her, but I need the tenant's new address to serve her as well.
The Housing Benefits Office are unable to help due to the DPA, which I totally accept, even though they have it on file for the new payments.
Even though she did appear to move out yesterday I've been informed that she has been back today, and that some stuff is still being stored in the house.
Does that mean that even though she had moved most of the stuff, she will still owe rent while it's in the house.

Ive still had no phonecall, e-mail or anything from the LA to let me know what's going on, what I should be doing, or what they are doing (apart from f@rting around and trying to cover their backsides).:mad:
My MP, Edward Timpson (can I name him? Please delete if NO) was wonderful in getting the Identity Theft sorted out.
Do you think I should approach him as a sort of follow-up story, and see what he could do? Maybe he could use Parliamentary Priviledge to name and shame them.
Just a thought!;)

tbs624

skintsue wrote: »

The guarantor is a working homeowner, and did sign a witnessed Deed of Guarantee (or whatever the correct title is).
I am going to be sueing her, but I need the tenant's new address to serve her as well.
The Housing Benefits Office are unable to help due to the DPA, which I totally accept, even though they have it on file for the new payments.
Even though she did appear to move out yesterday I've been informed that she has been back today, and that some stuff is still being stored in the house.
Does that mean that even though she had moved most of the stuff, she will still owe rent while it's in the house.

She still has a tenancy until it is formally ended and, in circumstances such as yours, "professional" Ts are not unknown to claim that they had not in fact left the property and/or their early departure is because they have been subject to LL harassment/unlawful eviction which is why I made reference previously to getting appropriate guidance locally and not "popping round" unannounced.
(response also to B&T's post above)

BitterAndTwisted wrote: »

Eh, there's nothing to stop a landlord popping round just to look at or through the windows..

She owes rent until the end of the Fixed Term as per her tenancy agreement or until you agree that her tenancy has been relinquished and you have a new T in place to cover any remaining part of her FT ( reasonable costs can be charged for reletting process)


Edited to add: you may wish to challenge the LHA office on their refusal to provide that address. There is an Part IV Exemption if the data is needed for legal action.

35 Disclosures required by law or made in connection with legal proceedings etc.

(1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b)for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

skintsue

I am keeping well out of the way, at least as far as I can when she is 1/2 a mile from where I am now, and 3 of my closest friends live on the same estate, one next door.
I'm lucky she still is my friend after what she's been through!

BitterAndTwisted

She owes rent until the end of the fixed-tern or until she asks for and you agree a formal surrender. Being back at the house and removing her property means nothing at the moment.

Is the agent's office terribly far from where you are now Sue? I'd be minded to pop in sometime on Saturday morning for a calm and friendly little chat and an update when they're at their busiest......

skintsue

BitterAndTwisted wrote: »

Is the agent's office terribly far from where you are now Sue? I'd be minded to pop in sometime on Saturday morning for a calm and friendly little chat and an update when they're at their busiest......

I had been contemplating that . Very tempting indeed! If I keep calm and keep repeating "But WHY did you move a tenant into my house without proper references and a suitable guarantor. Now she has done a runner with 2 months of my rent, and 2 months left on the contract" what can they do?
Worst case scenario?
Option 1 - Call the police and have an audience in the street videoing a disabled middle aged woman being hauled out of the offices. YOUTUBE here we come, and loads of adverse publicity, which they wouldn't want.
Option 2 - I am offered a caution. I can refuse and opt for court. Put my reasons over, bound over, suspended sentence, or fine.
I'm on DLA and IB so will take forever to pay off. Press get hold of story, publicity - which they don't want.
Could be an interesting start to the New Year.

tbs624

skintsue wrote: »

The La is part of a national franchise. I don't know how many of them there are in the country, so if this would identify them, Moderator please remove these details.
As such, franchise, wouldn't they have to be regulated by the company under whose name they trade?
They appear to be signed up to the regulatory body for Letting Agents, but are they toothless figures there for appearance, and have no real authority, and made up of their own to protect themselves rather than the public? Or do they have the power and will to pull up the less transparent and evasive members?

There is more than one franchised LA set up - it narrows the field rather than pinpointing any one of them MSE is not moderated as such btw so you'd need to email admin/board guides or self delete/amend your posts as appropriate.

You may want to check the Franchisor's web pages for a formal complaints procedure via the Head Office. Some will try to bounce any complaints straight back down to the franchisee but as publicity about such unprofessional behaviour as you are describing will bring the "brand" into disrepute you should be able to get some response from them.

ARLA has a code of conduct and their sanctions are listed on the website
(assuming you mean ARLA) - warning/cautions/ fines/expulsion etc.

I would personally just remove this LA from any further part in the management of your rental property - their omissions to date indicate that they are not up to the very basic everyday tasks of an LA let alone assisting you in the pursuit of this T's outstanding debts to you. As said before, perhaps best to focus on the T part of the equation and then "skin" the LA afterwards.

jamie11

An interesting thing about ARLA is that the member does not actually even have to work in the branch, or he may be retired but has retained his membership and an interest in the business, or he is the only member in the area overseeing possibly 10 branches of the franchise. Generally most of the staff in any given EA branch are nothing more than muppets working to a script.

Most of the posters here offering advice know a lot more than 90% of them.

clutton_2

sue - we all feel vengeful when this happens, try and focus on getting your property back legally, then getting a new tenant in asap. recriminations and chasing guarantors etc can be done later.. your priority is to get back into that property.

skintsue

Clutton
I totally agree. However as she has done a runner, and the LA are making no effort to contact me since I warned them what she was up to, I have no way of knowing where she is to get her to hand over the keys and give up possession.
I doubt they are making much of an effort to find her either.

Until then I have to wait for them to let me know if she has officially handed over the tenancy, and I can then get in and check out the damage, if any.
I would assume, for my own protection, I will have to have the information in writing, and on official documentation, so there is no comeback about illegal entry etc.
I would also think I should have a rep from the LA, in their official capacity, and the person who did the original inventory check in together, so she can't claim that I've been in and trashed the place to get her in trouble.

I am getting paranoid about the woman.
I have almost convinced myself that she is waiting until I go round, and then she will claim that she realised what a mess she had left the place in. She had moved everything out to be able to give the house the best clean and renovation possible before she handed it back at the end of the contract. She had never given up the property, and therefore I was there illegally, so I am arrested, and fined and have to give her compensation.
OMG How irrational does 3 nights without sleep and 24/7 pain make someone?

I know she is still in this sort of area as it's the same Council paying her Housing Benefits, and 3 of her children only started their new schools in September, but they might have been pulled.

I do have a 'Cunning Plan' if the LA can't/won't find her, which might make a few people snigger when they find out.
But that can wait - get her out officially and get the money.
Then start on the silly stuff!