Former tenant

theartfullodger

That would depend on if it is contribution based or income based...
http://www.adviceguide.org.uk/england/benefits_e/benefits_benefits_in_work_or_looking_for_work_ew/benefits_for_people_looking_for_work.htm#h_the_two_types_of_jobseekers_allowance

The two types of Jobseeker's Allowance

There are two types of Jobseeker’s Allowance, contribution-based (non-means-tested) Jobseeker's Allowance and income-based (means-tested). Jobseeker's Allowance. When you apply for Jobseeker's Allowance, the Jobcentre Plus office will work out which type you should be paid. You may get contribution-based Jobseeker's Allowance on its own, income-based Jobseeker's Allowance on its own, or a mixture of contribution-based and income-based Jobseeker's Allowance.
Contribution-based Jobseeker’s Allowance

Whether you get contribution-based Jobseeker's Allowance will depend on your national insurance contributions. If you have been working and paying national insurance contributions within the last couple of years, you may qualify.
For more information about national insurance contributions, see National insurance – contributions and benefits.
Contribution-based Jobseeker's Allowance is not affected by any savings you have. However, if you have part-time earnings or an occupational or personal pension, this may affect how much contribution-based JSA you get. For example, the amount of contribution-based JSA that you get is cut pound for pound for any occupational pension that is over £50 a week. If you earn too much, you will not get contribution-based Jobseeker's Allowance at all.
You only get contribution-based Jobseeker's Allowance for yourself, so you do not get an amount for your partner if you are claiming as a member of a couple. However, you may get income-based Jobseeker's Allowance on top of your contribution-based Jobseeker's Allowance if you have a partner, or because of your personal circumstances - for example, if you are disabled or caring for a disabled person or have to pay a mortgage.
Contribution-based Jobseeker's Allowance is paid for a maximum of 182 days (approximately six months). After that, you may get income-based Jobseeker's Allowance, depending on your income and savings.
Income-based Jobseeker’s Allowance

You may get income-based Jobseeker's Allowance if you do not have enough national insurance contributions to get contribution-based Jobseeker's Allowance. You can also get it on top of contribution-based Jobseeker's Allowance because you have a partner, or because of other personal circumstances -for example, if you are disabled or caring for a disabled person or have housing costs. Whether you can get income-based Jobseeker's Allowance depends on the amount of your income and capital. The rules about income and capital are the same as for Income Support.
For more information about income and capital rules for Income Support, see Help for people on a low income – Income Support.

IS Capital & income -

Your capital

If you have more than £16,000 in capital, you cannot get Income Support.

Capital means things like savings, property and land. However, some capital is ignored, for example, your personal possessions and the home you own and live in. ...... etc etc etc....

Your income is the money you have coming in each week. This could be other benefits, earnings from part-time work, income from capital (see under Your capital) or any other money you have coming in.

A 2nd home rented out would count as capital (take off mortgage) and rental income as "any other money coming in"...

The DWP should already know about your rental income hopefully from your HMRC tax return: You have declared rental income ??

Cheers!

Hump

Your defence is that you had a reasonably held belief that she had left, i.e. she had removed all the normal items associated with living in a property - beds, bedding, food, pots/pans, clothes etc. This would probably prevent anything serious happening under the Protection from Eviction Act 1977 - which is the 'criminal' part.


The trickier part is if she lodges a s27 Housing Act 1988 claim for damages, as a civil claim she has a less of a hill to climb to prove her case. Realistically she is unlikely to make such a claim without a solicitor - and getting one might prove really hard - and if she does then she should give you a 'pre-action' letter so she can later prove to the court that she tried to resolve the matter without the need for litigation. Hence don't panic unless you get a letter from her solicitor citing s27 Housing Act 1988, if this does happen then find your own solicitor really quickly.....

theartfullodger

Wise words Hump: She might already need a solicitor to handle the sanctioning & repayment of JSA if income & assets were not declared...

Cheers!

dancingfairy

I think the other posters have been a little harsh and you have been a little naive. It's always obvious after the event but for future reference text messages are not great, you really need to get things in writing. Also you have been done. Whether she had that in mind all along or whether it was your comment on her lifestyle, she clearly has played you. Your mistake was being kind and believe her to be honest and trustworthy.
I think it would be reasonable for a lot of people to assume that if someone says they are leaving on a certain day and gives gives meter readings that they had left. Unfortunately as you have found out this is not always the case and it does look like you have unwittingly possibly performed an illegal eviction.
It may be worth seeing a solicitor. Hopefully it won't cost too much and they could advise you how to communicate with the tenant without causing any more issues for yourself in relation to an illegal eviction.
I'm sure you won't be taken in again next time.
df

kinger101

On the water meter and dog point, unless there was a specific clause in the contract, you don't really have any right to stop her doing these things. If it's a small property, having the water metered fitted is probably better anyway.

theartfullodger

tenants have a right to change to water meters, even if the tenancy excludes them doing it.
http://www.ofwat.gov.uk/mediacentre/leaflets/prs_lft_101117meters.pdf

I am a tenant. Can I still apply for a meter?
If you live in rented accommodation, you still have the right to apply for a meter.

We recommend that you ask your landlord’s permission before applying for a meter. If you have a fixed-term tenancy agreement of less than six months, you must ask the landlord’s permission.

If your fixed-term tenancy agreement is longer than six months, your landlord cannot stop you from having a meter. However, you may need their consent to alter or improve their property.

"apply for" here means ask the water company (Water co. may not be able to install for other reasons)

& Water Industry Act 1999 S11
http://www.legislation.gov.uk/ukpga/1999/9/section/11

11 Rights of tenants in relation to metering.

After section 209 of the Water Industry Act 1991, there is inserted—
“209A Rights of tenants in relation to metering.

(1) Subject to subsection (3) below, no express or implied term of any tenancy is to be regarded—
(a) as excluding or restricting the exercise by the tenant of any right to give—
(i) a measured charges notice under section 144A above, or
(ii) any consent for the purposes of section 144B(2)(a)(ii) above,
(b) as preventing the installation or connection, in pursuance of such a notice or consent given by the tenant, of a meter for use in determining the charges which may be fixed in relation to water supplied to the premises comprised in the tenancy, or
(c) as requiring any consent to be obtained in relation to such installation or connection.

(2) In subsection (1) above “tenancy” includes a licence which is treated as a tenancy by virtue of section 79(3) of M1the Housing Act 1985; and references to a “tenant” are to be construed accordingly.

(3) Subsection (1) above does not apply where the tenancy is a fixed term tenancy for a term of less than six months; and for this purpose “fixed term tenancy” means any tenancy other than a periodic tenancy.”

Vectis

The OP doesn't seem to be answering the question, asked several times, as to when the rent was paid up until, and if it was the 31st whether a refund has been given.

Wyndham

Vectis wrote: »

The OP doesn't seem to be answering the question, asked several times, as to when the rent was paid up until, and if it was the 31st whether a refund has been given.

Well, this is an OP who described someone as a 'nutcase'. Given the information we do have, I don't think this is at all justified, and think this is really quite derogatory. So it probably tells us all we need to know about them....

theartfullodger

Wyndham wrote: »

Well, this is an OP who described someone as a 'nutcase'. Given the information we do have, I don't think this is at all justified, and think this is really quite derogatory. So it probably tells us all we need to know about them....

And is "signing on" whilst owning a substantial asset & receiving rent - but declines to answer questions about that ..
& also states in another thread

I do have an income coming in from My redundancy insurance policy

eastofeden

Others have dealt with the issues you raise very well. Can I point out, that the word "nutcase" is extremely offensive and derogatory? I am hoping if your tenant were gay or non white you would not put a derogatory term reflecting that in your title?

Many people are affected by issues of mental health both personally and through friends and family, so let's try to keep unpleasant terminology out of our posts, shall we, and stick to the facts.

In schools this year Anti Bullying Week is on the theme of the bullying experienced by those with disabilities. A key part of this is around understanding the impact of terms like "mong" or "spaz" and indeed "nutcase".

I realise this is slightly off the subject, but I feel very strongly about how language is often used casually and with such negative connotations.