Landlord with tennant dissapeared, when can I move on (Scotland)

koolcat99

Please if anyone could help me here I would really really apprecieate!!
To start with I am in Scotland, I know the laws are different slightly.

Ok, so I have been renting out my flat to someone on housing bennefit for the last three years. I have had my doubts before as to what he has been up to before, but the rent has always been paid until recently and I do not hear that much from him. So not too much of a concern.

In March I recieved a letter from the housing bennefit saying that due to new changes that he was no longer entitled to as much bennefit, there would be a shortfall in the rent. I have been trying to get in touch with him about that since then but to no avail. I recieved a council tax demand in my name out the blue last week in my name so decided to give them a call. They claim he has moved out on the 18th of April and now has been recieving council tax and housing bennefit since the 18th of April at another address, they also want me to pay back the rent they paid to me for after the 18th of April..

This morning I recieved a call from the neighbour accross the landing telling me that there was water coming from the flat and was flooding the flat bellow. Still I cannot get in contact with the guy so we broke in. The state of the place was terrible, worse than I had imagined. Behind the door were arrest warrents, debt letters. In each room there was evidence of drugs taking. Half the fitted kitchen had been ripped out. Bathroom completely ruined due to the flooding. In amongst the junk there was also the following personal belongings: trainers, jumper, 3 piece suite (fit only for the bin) and a couple of other small side tables (also only fit for the bin). There was battering rams like what looks like the police use and some other tool type things that I have no idea what they may be.

The locks are changed now. I just want to know what the best course of action would be now? I cannot get a hold of the guy for months and the council are no help. Should I just get on with the clearance of the house?

They have also removed all the white goods from the fla

dimbo61

Take lots of photos of the damage and contact one of them nice " No win no fee solictors " and take your EX tenant to court !!!
On second thoughts you wont get a £1 back but you can take out a claim in the small claims court
Somehow think his credit score is zero anyway.
You have changed the locks and he has left the flat so clean up the mess, repair all the damage and replace all the white goods, kitchen and everything else that needs doing and then either rent the place through a GOOD LETTING AGENT! or do it yourself but this time credit check your tenants and get a Guarantor.
All repairs will be TAX deductable against your rental profit

missile

All repairs will be TAX deductable against your rental profit

I doubt there will be any profit?

DannyboyMidlands

Don't rent to people on HB in future.

19lottie82

Do you have landlord insurance?

tbs624

DannyboyMidlands wrote: »

Don't rent to people on HB in future.

Its a nonsense to tar all people in receipt of HB/LHA with the same brush. Many LLs run very successful property "portfolios" letting only to benefit claimants.

Not condoning what the T has apparently done to th eproperty but note that the T had been in situ for 3 years and the OP said

I have had my doubts before as to what he has been up to before, but the rent has always been paid until recently and I do not hear that much from him. So not too much of a concern.

which perhaps suggests that there have been no 6 monthly inspections?

OP you need to decide whether you want to pursue the T for unpaid rent/damage etc but if he is a drug user on benefits you're unlikely to get any money out of him. Some LLS in your situation *will* pursue the matter so that at least they have the "pleasure" of landing the errant T with a CCJ.

Your main focus should be to get the property sorted out and re-let to a new fully referenced T.

As another poster has said, film/photograph the state of the property
(date evidenced). You have 6 years in which to pursue the T if that is what you want to do. If there was a deposit in place you can use that towards the repairs etc.

The LHA/HB office must have slack database cross referencing if the T

...... has been recieving council tax and housing bennefit since the 18th of April at another address,

whilst also continuing to pay you direct for the tenancy at your property, as per your comment

they also want me to pay back the rent they paid to me for after the 18th of April..

Was the tenant still within a Fixed Term tenancy btw or had the tenancy become periodic?

Another regular poster on here, ArtfulLodger, lets property in Scotland and has posted on how he has caught up with Ts who owe him money

tbs624

missile wrote: »

I doubt there will be any profit?

...losses can however be carried forward to the next tax year

DannyboyMidlands

tbs624 wrote: »

Its a nonsense to tar all people in receipt of HB/LHA with the same brush

It's far from nonsense. Scumbags form a higher proportion of benefit claimants than of the general population. Therefore renting to HB claimants is a risky business.

This maybe unpaletable for your liberal sensibilities but that doesn't mean it isn't so.

tbs624

DannyboyMidlands wrote: »

It's far from nonsense. Scumbags form a higher proportion of benefit claimants than of the general population.

Which still means that it is a nonsense to tar *all* HB claimants in the same manner.They are not a homogeneous underclass all hell bent on rent dodging and property trashing.

DannyboyMidlands wrote: »

Therefore renting to HB claimants is a risky business.

As I said, many LLs seem to manage the risk and do very well out of it.Some of them even post on here...

DannyboyMidlands wrote: »

This maybe unpaletable for your liberal sensibilities but that doesn't mean it isn't so.

Ignorant generalisation is always unpalatable:D

dt3887

DannyboyMidlands wrote: »

Don't rent to people on HB in future.

so by your logic, im currently in a well paid job, but my contract MAY not get renewed in 2 years. given the current climate, i may not land a job straight away. does that mean i should be homeless for x amount of time with my kids because i would have to go onto benifits until i get a job sorted?
or what about joe bloggs who lives round the corner who is on esa because of a disability that li mits what work they can actually do and recieves HB?
As said above, dont tar all claimants with the same brush. there are more than enough HB claimers who are genuine and not scum!!!

rant over

MissMoneypenny

tbs624 wrote: »

Which still means that it is a nonsense to tar *all* HB claimants in the same manner.They are not a homogeneous underclass all hell bent on rent dodging and property trashing.

If they are on HB (LHA), then they are rent dodging, are they not?

I rented a property a few years ago during an area move and the LL refused to take DSS and he kept his properties (over 100) in good order to attract workers. But...the street had it's fair share of those who did as little as possible to get maximum welfare. It was an eye opener on how the the other half lived; how they prioratised their spending (booze seemed to come first) and the behaviour of some of those children.

I've been a landlord before and having lived in a street with those types who do no work/as little work as possible to 'maximise their benefits', I would now never chance letting to claimants. Especialy now that all the welfare cuts are coming and more cuts being rolled out over the next few years: with talk of some more interesting cuts in the pipeline for Universal Credit mark II, such as not rewarding the parents for having children. Less welfare means less money for claimants to pay the rent.