Tenant on Housing Benefit

skintsue

Totally agree with you B&T about liking the "reasonably held belief". It does sound fair, but |I will make sure everything is photographed, witnessed, documented, dated. and recorded, just to be on the safe side.
She has already been 'done' for the Identity Theft, and had been fingerprinted, DNA'd and has a record. If you call accepting a Caution 'done'.
She may not have been to Court, but she was interviewed at the local Police Station, and it should be declared when it is required. Doubt she will bother, and it's not as if she is going to be applying for any jobs in the near future.
I wonder if she knows that a Caution is still a serious matter, not just a "Naughty Girl, off you go and don't do it again",
It should show up on a reference search even if she doesn't declare it, shouldn't it? It might also show up on a credit check - if she uses her own name!

BitterAndTwisted

I don't think a Caution would show up on financial records, even where fraud or other financial crimes and misdemeanors are concerned. I do believe that a Caution is a bit more serious than some people suspect. I've heard that it never gets "spent" but will sit there festering and possibly screwing your life up forever. Still, luckily I've never been, and never intend to be, in a position where knowing definitively either way would be important.

clutton_2

""a way of finding out what I am capable of doing in the face of adversity""

sounds very practical to me Sue - use that angry energy to fuel your redecoration... if the carpet is naff, and it's laminate underneath, give it a coat of varnish and dont replace the carpet; if the walls need redecorating - get mates in to help you paint it.

Really good cleaning will make a significant difference to a property - W5 from Lidl is a fantastic lime scale remover/general cleaner especially great for sinks and bathrooms, only a couple of quid.... if the white goods are broken, tip them, and dont replace them, if the curtains are gone, dont replace them - you could drop the rent a little to compensate.

if kitchen cupboards are really horrible, cover the shelves with fablon type stuff, if the garden is a mess, spray it with weedkiller, altho at this time of year it should be fairly weed free.

clutton_2

re Caution.... my ex tenant from hell now has 3, and i am reassured that each one will add to the size of her sentence when she does finally get sent to prison, as indeed she will at some stage. She also was arrested for fraud and deception when trying to obtain tenancies. These cautions do not show up on reference/credit searches.

tbs624

Hump wrote: »

Risky - yes, but you would do the following:

1. Tenancy Relations Officer calls up to ask whether you are the landlord of such and such a property, establishes that you have changed the lock - you say you had a reasonably held belief that the tenant had gone and that you will immediately give the 'tenant' the new key - outcome - no prosecution (PfEA 77).
2. Solicitor sends a pre-court letter accusing you of depriving their client of their home - you respond immediately by fax/e-mail saying that you had a reasonably held belief that the tenant had gone and that you will immediately give the 'tenant' the new key - outcome - little chance of a case if publicly funded - still risk of a court case (s27 Housing Act 1988) if privately funded.

OP would do better to keep the TRO informed as from *now* as suggested previously.

tbs624 wrote: »

However, you would be best to get good proper guidance on formally bringing the tenancy to a close: you will need good clear evidence of abandonment and in the circumstances you should not, btw, have been simply "popping round" to the property whilst the T was in occupation.................If your Council has a private sector Tenancy Relations Officer (most do, or someone with a similar title) you may find it helpful to keep them informed.

As I'm sure you're aware, TROs aren't ogres who simply side with Ts and to have formally discussed this "abandonment" ( in a calm & professional manner) in advance of regaining possession of the property would be in the LL's interest.

skintsue

Thank you everyone for their support and advice. It has helped no end.
The house was let out unfurnished, so there is only the carpets, kitchen units etc left in to worry about. Apart from the holes in the wall where she hung her dirty great TV that she ordered in my name.
I don't know what else is lurking inside as I've not gone in there yet.
I might just rip up the worst of the carpets and put cheapish laminate in the living room and kitchen, or lino in the kitchen.
Depends what upstairs is like, and if she has been smoking there as well, the bedroom carpets might need to be cleared out if they stink.
Can I claim the cost of a crate of Marigolds and commercial sized bottles of W5 out of the deposit?
I have a guy who can do the gardening for me, the front of the house is filthy, and the whole of the garden needs to be weeded and prunned, so I will get quotes from him to add to the list of expenses.
Do I have to get several quotes, or can I just ask one person I trust to do a good job to do the lot? Saves me a lot of chasing ringing around and waiting in.

clutton_2

which deposit scheme is the deposit registered with ?

BitterAndTwisted

skintsue wrote: »

Can I claim the cost of a crate of Marigolds and commercial sized bottles of W5 out of the deposit?
I have a guy who can do the gardening for me, the front of the house is filthy, and the whole of the garden needs to be weeded and pruned, so I will get quotes from him to add to the list of expenses.
Do I have to get several quotes, or can I just ask one person I trust to do a good job to do the lot? Saves me a lot of chasing ringing around and waiting in.

I suspect only one quote would be sufficient if you then go on to claim only a percentage of the charge against the deposit. I would be reluctant to charge for the gardening myself as that could be deemed an improvement rather than putting right a dilapidation iyswim.

Marigolds and W5: yep and possibly a notional charge for your time. It might not be sensible to appear to be over-egging that pudding or whatever the metaphor might be.

If you need to justify any deductions, which you very well might have to, it's always best to try and give the appearance that you've attempted to be as reasonable as possible. Actually being reasonable is another matter.

clutton_2

with the amount of rent outstanding you needn't bother adding up repairs costs.. you will be entitled to all the deposit for rent arrears i would have thought

you are not allowed to charge for our own time as a LL - but you can submit receipts from others for work done on your behalf.. bonkers....

which deposit scheme did you use sue ?

tbs624

skintsue - how in-depth was the start of tenancy inventory? Did both parties sign it?