Arrears In Rent

GDB2222

Kentish_Dave wrote: »

You just don’t get how this works, do you? You get to pet what you want, and I get to post what I want. People can choose to follow which they prefer to follow.

And I didn’t incite anything.

Several people have said that it would be a criminal act for the OP to evict his tenant. Are you seriously suggesting it wouldn't be a crime?

steampowered

Kentish_Dave wrote: »

As I mentioned, I think, but you skipped over, the legality or not is for the courts to decide, someone is quite free to act and allow the courts to sort it out if they want, just like a tenant can stay in place until a court orders otherwise.

Under the Protection from Eviction Act 1977 (https://www.legislation.gov.uk/ukpga/1977/43), unlawful eviction is a criminal offence for which you can be imprisoned for up to 2 years.

As it is a criminal offence the tenant would be able to get the police to assist.

deepam

If I go to court. Can anyone give me some estimate on costs?

BTW the contract is from Connells

Comms69

Kentish_Dave wrote: »

You just don’t get how this works, do you? You get to pet what you want, and I get to post what I want. People can choose to follow which they prefer to follow.

And I didn’t incite anything.

Yes you did. I'm reporting you.


You are advising someone to risk imprisonment.

Comms69

deepam wrote: »

If I go to court. Can anyone give me some estimate on costs?

BTW the contract is from Connells

If you go to court for what?

deepam

Yes if I go to court, what is the kind of money I am likely to spend?

muhandis

If you do it yourself, should cost less than £400 in court fees

https://www.gov.uk/evicting-tenants/standard-possession-orders

deepam wrote: »

Yes if I go to court, what is the kind of money I am likely to spend?

deepam

Thanks. I will do this.

Could you please also advise as to when I can do Section8? As I understand 'not before 2 months'. So if the rent was due on 16July, I can't do Section8 before 16 Sept?

Should I do anything in these two months?

muhandis

I'm not an expert on this. GM must have a sticky on this somewhere on the forum, but I can't seem to find it.

Yes, the tenant needs to be in at least 2 months arrears.

This link has more information on how to make sure you serve a valid S8 notice when it is due.

https://easyproperty.com/how-to-serve-a-valid-section-8-notice/

deepam wrote: »

Thanks. I will do this.

Could you please also advise as to when I can do Section8? As I understand 'not before 2 months'. So if the rent was due on 16July, I can't do Section8 before 16 Sept?

Should I do anything in these two months?

pmlindyloo

From a benefits point of view.

Is your tenant 25yrs+ and single? If so then he would be entitled to the one bed rate of housing allowance within his UC. You can look this up on the rental property's council - use 'name of council' + 'local housing allowance rates'. This would tell you how much he would receive (as already suggested.)

£900 a month seems relatively high so unless he lives in a high rent area it seems probable that his housing costs awarded would not cover the rent.

So,

Is this a 2 bed place? Could he take in a lodger? He would only be awarded the one bed rate in his UC but he would get to keep the lodger's 'rent' which could help towards the shortfall.

https://www.entitledto.co.uk/help/Universal-Credit-Sub-Tenants

He may also apply for a discretionary housing payment to cover the shortfall but this may be refused due to his signing the tenancy when he knew he could not afford the rent.

Much of how you move forward depends on whether your tenant is likely to be on benefits for a long time. If he is ill then he could possibly apply for other sickness benefits like PIP.

It would be sensible to have a conversation with your tenant about his future. Depending on the circumstances it may be possible that he would be able to pay the rent but you need that conversation and do some research of your own regarding local housing rates.

Otherwise it would have to be legal action if he is unable to secure a cheaper property for himself. It is very unlikely that the council would help house him if he is a single male unless he is vulnerable.