Tenant/Guarantor not paying rent

Pixie5740

What type of tenancy is in place? Assured or Short Assured? i.e did the tenant receive an AT 5 form before the tenancy started?

What sort of notice has the tenant been served with other than the notice to quite?

Comms69 you are correct that there is no Section 21 in Scotland. The Section 21 relates to Assured Shorthold Tenancies in England & Wales.

Pixie5740

rentmekid wrote: »

does ability or lack of ability make it acceptable?

It depends on who you are asking. In Scotland if a tenant is to be evicted due to rent arrears the sheriff will take into account delays with a housing benefit claim as an acceptable reason for the arrears.

theartfullodger

You do appreciate tenant doesn;t have to leave on notice expiry? Have you just served NTQ or anything else also? (eg s33 notice)

When is the ish, please? (If you don;t understand the question, get professional help).

HOW did you serve notice(s)? Was it recorded-signed for or Sheriff Officers?

Please confirm you & property are registered with landlord registration.

sevenhills

Lour wrote: »

Rentmekid/Comms69 - I do know a bit about her circumstances, she did work, doesn't any more and is now in receipt of housing benefit, which she clearly is not using to pay her rent.

What do the authorities do, if a person receives housing benefit, but then does not pay the rent?

theartfullodger

What do the authorities do, if a person receives child benefit, but then does not pay to support the child?
.
What do the authorities do, if a person receives winter fuel allowance, but then does not pay his fuel bills using it but buys wine? (What I do every Christmas...)
.
What do the authorities do, if a person receives a maternity benefit, but then boyfriend spends it on drink or drugs...
etc

etc

etc

silvercar

sevenhills wrote: »

What do the authorities do, if a person receives housing benefit, but then does not pay the rent?

Once the arrears reach a certain point they will agree to pay the landlord direct.

Lour_2

Hoogle wrote: »

Your letting agent should be able to write to local authority with a notice of intention explaining that you are not receiving any payment or part payments of rent. The local authority should then pay it directly to letting agent, if it is short of rent they can also apply for discretionary housing payment which increases the amount paid.

However whilst doing this your letting agent should have served a section 21 notice to them (or Scottish equivalent) Only then once that notice has expired can you take it to the next stage and go for a court eviction. Once that notice period has expired if they are still there then it can be elevated to bailiffs. It can be quite a fast process or could be a long drawn out 1 for example my parents had to evict some tenants in a large house who were waiting on a house to be built for them however my parents let them stay longer as it was not much hassle for them and they were still paying rent. But my parents eventually had to move back into that house (they were only suppose to have rented it for a year) whilst building work was due to commence on their other property all as planned. However the tenant stopped paying rent due so had to go down the eviction route which took 11 months in total. So bare that in mind if your hesitant of going down the legal route as it may take a lot longer than a month or 2 and with christmas coming I should imagine will take longer than usual. Or you may get lucky and get cases seen fast and swiftly. But also remember eviction does not get you back dated rent you have to apply for that separately and issue a CCJ if need be. All of which is going to cost you money so it is a double whammy for landlords loss of rent whilst paying mortgage still, Paying to get courts to evict them, and unlikely to ever see money owed. So you will have to chase the guarantor as well.

Maybe if it is essential that you need rental income then find a letting agent that guarantees rent even if property is empty.

Thanks for taking the time to reply.

11 months!! That’s awful!

Yes the HB payments were supposed to come to us as of this month but we haven’t received anything yet.

Lour_2

Pixie5740 wrote: »

What type of tenancy is in place? Assured or Short Assured? i.e did the tenant receive an AT 5 form before the tenancy started?

What sort of notice has the tenant been served with other than the notice to quite?

Comms69 you are correct that there is no Section 21 in Scotland. The Section 21 relates to Assured Shorthold Tenancies in England & Wales.

Hi, thanks for got taking the time to reply. She is on a short assured rolling monthly tenancy. She received an AT6 & a section 33.

Lour_2

theartfullodger wrote: »

You do appreciate tenant doesn;t have to leave on notice expiry? Have you just served NTQ or anything else also? (eg s33 notice)

When is the ish, please? (If you don;t understand the question, get professional help).

HOW did you serve notice(s)? Was it recorded-signed for or Sheriff Officers?

Please confirm you & property are registered with landlord registration.

Hi, thanks for replying. Yes we have landlord registration. She has received a section 33 & a AT6 sent recorded delivery.

It’s a rolling monthly short assured tenancy, so no ish?

Thanks again

theartfullodger

There's an ISH. Talk to your landlord association helpline.

Understand it was sent recorded:. Do you have the signed-for receipt?