dodgy tenants

silvercar

Sounds like the tenants don't understand that they are responsible for the rent as a whole; whether HB pays some, all or none, they are ultimately responsible for the rent in total.

leh1980

I would serve Section 21 Notice to expire at end of the fixed term (Must end of last day of fixed term and two months notice to be given).

If they owe more than two months rent, I would also serve Section 8 Notice relying on grounds 8, 10, 11 and 12 (two weeks notice required).

It doesn't matter who pays what rent or when, your tenants remain liable. Again, it doesnt matter if your tenants are in prison, you still need a Court order for possession or it is unlawful eviction and they could claim compensation from you.

I would get the notices served and the process started.

chant1l

To be brutally honest the top up problem is so common as to be the norm, dss is normally only about £50 - £60 per week for everything , now deduct the top up of ...£5/£6/£15 per week........1
If the tenant has a wee private job this may not be a problem (of course the council may then stop his whole hb claim) but if he has a disability and can't work or two kids to look after etc etc.

The other tenant has probably bolted, check the flat out and see for yourself, call him on someone elses mobile to confirm he has gone and relet the place. I wouldn't spend much time worrying about lawsuits.

As for the rent, its a business cost, its gone forget about it and move on.

debjam

We had a tenant who absconded but left her other halfs property in the house. We had to put a letter through the door to notify her that if she did not contact us within 24 hours due to the apparent abandonment of the property we would have to gain access to the property.

I can't remember where we got the letter from but I know I spent hours trawling the internet looking to see what we had to do.

We then changed the locks but had to put notices around the property notifying anyone who needed to gain access to the property that they could do so by contacting us at our address and also gave a phone number. We also had to notify the police.

realwildone

Second one. The council will not pay Housing Benefit if the claimant is not living at the property. I would take it that they have quit the property and suggest you make an effort to contact them to confirm this. If contact cannot be made, maybe you could smell gas as you walk past the property. This would allow you to legally force entry. When the source of the smell has been identified (and rectified by switching the cooker fully off) you could assess whether the tenant has indeed quit. Change the locks and re-let.

Do this and you will meet your tenant...In Prison

imoneyop

Gorgeous_George wrote:

If contact cannot be made, maybe you could smell gas as you walk past the property. This would allow you to legally force entry. When the source of the smell has been identified

No need to do this - just put a letter through the letterbox telling them that you require access to the property to inspect it at a certain time. Provided you give them 24 Hours notice you are doing nothing wrong.

As for gaining access - why force entry. Go round there at the time given in your letter and knock on the door. If there is no answer let yourself in - you can then assess whether they are still living there.

clutton_2

""If there is no answer let yourself in - you can then assess whether they are still living there.""

whilst you might like to do this - it is not legal under any circumstances to let yourself into the property - except for extreme emergency - such as a genuine gas leak or a flood etc.

Can't you see thru the windows what is happening ?

bearfreeman

realwildone wrote:

Quote:
The council will not pay Housing Benefit if the claimant is not living at the property. I would take it that they have quit the property and suggest you make an effort to contact them to confirm this. If contact cannot be made, maybe you could smell gas as you walk past the property. This would allow you to legally force entry. When the source of the smell has been identified (and rectified by switching the cooker fully off) you could assess whether the tenant has indeed quit. Change the locks and re-let.

Do this and you will meet your tenant...In Prison

I think the awol tenant has to take me to court - yet he owes me top up rent of £150..... As the housing benefit part of the rent has been stopped and there's no income at all from this property, am I supposed to wait another 4 months until the end of the tenancy agreement to serve an 8 & 21, then another 2 months to take it to court? Who pays the council tax during this period, not to mention the rent?? Commonsense tells me that I'm not some nasty criminal, just a guy who has bills of his own to pay, can't see me ending up in prison for that whether or not it's against the law. The law needs changing - BADLY!!

bearfreeman

tomstickland wrote:

Re references:

Why not?

I think giving a 'good reference' for a bad tenant is astonishing, and leads to other landlords having similar problems down the line.

clutton_2

"""am I supposed to wait another 4 months until the end of the tenancy agreement to serve an 8 & 21, then another 2 months to take it to court?""

yes you are - welcome to the rather "skewed" world of landlord/tenant legislation.

then wait for the judge to order a Possesion order for 4 or 8 weeks, then wait for the tenants NOT to leave, then wait to go back to court, then get the judge to order the bailiffs in, then wait weeks for the bailiffs to arrive, then get the tenants out - then- usually, redecorate and recarpet thruout .........

A landlord i know started this eviction process in July last year - the tenants are still there. You need to get expert advice on this - join the National Landlords Association (joining fee tax deductible, adn you get cheaper house insurance also) - they have all the correct paperwork you need and an excellent legal helpline.

good luck