Non paying tenant on benefits

Guest101

bigfreddiel wrote: »

We had a tenant like this, total scumbag. Even left his wreck of a car behind in a parking space allocated to the flat. Threatened to sue us if we touched it!

Got shelter on his side as well when he stopped paying rent!

Eventually got the car towed to his new rental abode and left it on the street! Took loads of photos of it to show we hadn't damaged it!

Never heard from him again

I would never let a property ever again! Let this be a warning to all you potential BTL wannabes.

Cheers fj

Torts: Interference With goods Act 1977?

csgohan4

bigfreddiel wrote: »

We had a tenant like this, total scumbag. Even left his wreck of a car behind in a parking space allocated to the flat. Threatened to sue us if we touched it!

Got shelter on his side as well when he stopped paying rent!

Eventually got the car towed to his new rental abode and left it on the street! Took loads of photos of it to show we hadn't damaged it!

Never heard from him again

I would never let a property ever again! Let this be a warning to all you potential BTL wannabes.

Cheers fj

Any warning signs prior to tenancy? dodgy references, HB e.t.c?

Guest101

Darren_Lee wrote: »

I served 3 months notice via email. Used a template found via google. (see below)

HOUSING ACT 1988, Section 21 (1)(b)
As amended by the HOUSING ACT 1996
Assured Shorthold Tenancy: Fixed Term
NOTICE REQUIRING POSSESSION
To: *** of
***
From: *** of
***
ADDRESS OF DWELLING
I give you notice that I require possession of the dwelling house known as ***,
after
DATE OF EXPIRY
25th March 2016
Signed:
Dated 6th January 2016
NOTES
1. On or after coming to an end of a fixed term assured shorthold tenancy, a court must make
an order for possession if the landlord has given a notice in writing.
2. Where there are joint landlords, at least one of them must give this notice.
3. The length of the notice must be at least two months, and the notice must be given before
or on the day on which the fixed term comes to an end.
INFORMATION FOR TENANTS
 If the tenant or licensee does not leave the dwelling, the landlord or licensee must get an
order for possession from the court before the tenant or licensee can lawfully be evicted.
The landlord or licensor cannot apply for such an order before the notice to quit or notice to
determine has run out.
 A tenant or licensee who does not know if he/she has any right to remain in possession after
a notice to quit or a notice to determine runs out can obtain advice from a solicitor. Help
with all or part of the cost of legal advice and assistance may be available under the Legal
Aid Scheme. He/she should also be able to obtain information from a Citizen’s Advice
Bureau, a Housing Aid Centre or rent officer

Why did you serve via email?


Get it in writing, posted.


Also that's not 3 months* - so it's invalid if your contract says 3 months.


As for the notice itself, I've seen better


At least you know now, not in 3 months time when the court deems it invalid

Darren_Lee

Guest101 wrote: »

Why did you serve via email?


Get it in writing, posted.


Also that's not 3 months* - so it's invalid if your contract says 3 months.


As for the notice itself, I've seen better


At least you know now, not in 3 months time when the court deems it invalid

Thanks for your help I will post a copy via registered mail. The notice period on the tenancy agreement is only 1 month. I gave to the 25th March trying to be a reasonable landlord.

I have never had to do this before so genuinely grateful for any advice.

Miss_Samantha

Hi Darren,

Did your tenant agreed to receive notices by email? Did he reply anything to your email?

Whilst an email is indeed in writing you may hit problems with service of the notice if you serve it that way without your tenant first agreeing to it.

You can serve it by 1st class mail (with proof of postage).

You must give at least 2 months notice.

45002

Darren_Lee wrote:

I have a tenant who receives rent from the government for her Autistic son. The rent is paid directly to her and she is supposed to pay it to me every Friday. For the past year her payments have been very erratic and because of this and identity theft ordering catalog goods in my name I have decided to serve 3 months notice for her to vacate the property. Now I am not getting any rent at all. Does anyone know who i need to write to in order to have the rent paid direct to me?

Thank you in advance for any advice.

Hi Darren.

Write to local council housing benefit department, informing them your not getting the rent and ask for housing benefit to be paid directly to you the LL.

Guest101

Darren_Lee wrote: »

Thanks for your help I will post a copy via registered mail. The notice period on the tenancy agreement is only 1 month. I gave to the 25th March trying to be a reasonable landlord.

I have never had to do this before so genuinely grateful for any advice.

No worries.


DO NOT follow the tenancy agreement either. The notice period for you (statutory) is 2 months.


Send it 1st class, non signed for, that's all.


The notice is complicated (a court might decided too much so)


Keep it simple.

Elsewhere

Are you saying that the son occupies the property but the mother does not, and the mother is recieving money which she is supposed to pass on to you for her son's rent but is instead keeping for herself? Because if so, I'd call that stealing - she's taking her son's money and consequently making him homeless - shouldn't social services be informed?

Pixie5740

See this link for information about ending an AST:

http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

If she's in arrears I'd use a Section 8 rather than a Section 21. Your tenant is unlikely to have the money to clear the arrears before court. Also the Section 21 is no fault so the council will help rehome her which means staying in the current property until bailiffs arrive whereas the council are less likely to rehome if the tenant is evicted due to arrears.

Pixie5740

I also agree with sending 1st class (get proof of postage) and not reorder. It's because of you send it recorded and she doesn't sign for it or isn't in when they try to deliver it and then fails to go to the sorting office to collect it, it just gives you another ballache you don't need.