tenants refusing to pay rent - covid-19

jennywren22

Section 21 issued. We have the court order to have house back then a hearing as tenants wanted extra time to stay.
Government stopped the ongoing possession orders - hearing was held back - so tenants have an extra 90 days per Covid -19.
 The tenants had stopped paying rent prior to hearing and continue not to pay. We have contacted and they ignore every letter sent.
They have been awarded another property by local council but tenants cannot move into that due to Covid-19 and still will not pay rent to us -private landlord.
It appears that local council are condoning the non payment of rent to private landlords.
Are any landlords not being protected at all?

Thrugelmir

Once they've left. Take the appropriate legal steps to recover the debt owed. 

pjcox2005

I doubt you'll like this but with respect, landlords always have the issue of void periods or non-paying tenants. It's part of the risk taken on with investments.

Yes council aren't getting people out in this current pandemic but that seems sensible to protect tenants and more importantly control the spread of infection - I'm afraid their needs are more important than yours in this situation. Even if you did there is no guarantee that a new tenant would move in for the same reason given it's considered not essential. Presumably you can take a payment holiday for cash flow purposes on the mortgage and then it's just interest as a cost (and lost rent that you may not have got given a void period).

I personally don't think it would be right for the Government to prop up investments, in the same way i don't expect them to pay me for the shares i hold falling in value due to those businesses not trading. or the dividends that have been cancelled due to pressure exerted. 

Sadly I think this one you need to chalk up to bad luck, but I hope you get a new tenant as soon as possible once this is over.

Galloglass

then a hearing as tenants wanted extra time to stay.

What [certain] tenants do now and what [certain] tenants have always done is to work lawfully within the system - as landlords should do.

There are the twin issues of possession and debt. Possession is not available to you but debt action is. See this advice and start preparing a pre-action protocol letter. At least you'll know where to serve the paperwork as they can't move at present.
https://www.rla.org.uk/landlord/guides/moneyclaim.shtml

Fire_Fox

jennywren22 said:

Section 21 issued. We have the court order to have house back then a hearing as tenants wanted extra time to stay.
Government stopped the ongoing possession orders - hearing was held back - so tenants have an extra 90 days per Covid -19.
 The tenants had stopped paying rent prior to hearing and continue not to pay. We have contacted and they ignore every letter sent.
They have been awarded another property by local council but tenants cannot move into that due to Covid-19 and still will not pay rent to us -private landlord.
It appears that local council are condoning the non payment of rent to private landlords.
Are any landlords not being protected at all?

What does emboldened mean? There is no link. Appears from what factual information?
Council shoulc not be telling you anythimg about the toe rag tenants, data protection act.
Toe rag tenants can tell you anything about the council, true or false. 

[Deleted User]

Did the council initially call you with regards to a background check on any rental arrears in your property regarding these tenants prior to them being show the new property? My partner had been awaiting a council property as has been in a private rental for some years and before the viewing her landlord was called by council and asked if she was up to date on payments. She was but there had been mix up with payments whilst she was on maternity meaning one of the months there was a shortfall and this caused the viewing to fall through and she was put back on the waiting list until sorted out. Whilst the tenants may have an extra 90 days this doesn't mean free and surely the council can be updated with the fact that they are purposefully not responding to calls or messages as they are trying to avoid any further rental payments.

mattyprice4004

Daveym79 said:

Did the council initially call you with regards to a background check on any rental arrears in your property regarding these tenants prior to them being show the new property? My partner had been awaiting a council property as has been in a private rental for some years and before the viewing her landlord was called by council and asked if she was up to date on payments. She was but there had been mix up with payments whilst she was on maternity meaning one of the months there was a shortfall and this caused the viewing to fall through and she was put back on the waiting list until sorted out. Whilst the tenants may have an extra 90 days this doesn't mean free and surely the council can be updated with the fact that they are purposefully not responding to calls or messages as they are trying to avoid any further rental payments.

So the council pull their new house, then they’re stuck in the house not paying rent even longer?
Not sure I’d be doing that!

To the original poster, turn up at the door. Can’t keep ignoring you if you show up in person  

[Deleted User]

mattyprice4004 said:

Daveym79 said:

Did the council initially call you with regards to a background check on any rental arrears in your property regarding these tenants prior to them being show the new property? My partner had been awaiting a council property as has been in a private rental for some years and before the viewing her landlord was called by council and asked if she was up to date on payments. She was but there had been mix up with payments whilst she was on maternity meaning one of the months there was a shortfall and this caused the viewing to fall through and she was put back on the waiting list until sorted out. Whilst the tenants may have an extra 90 days this doesn't mean free and surely the council can be updated with the fact that they are purposefully not responding to calls or messages as they are trying to avoid any further rental payments.

So the council pull their new house, then they’re stuck in the house not paying rent even longer?
Not sure I’d be doing that!

To the original poster, turn up at the door. Can’t keep ignoring you if you show up in person  

So your suggesting going around to a house during the lockdown? In a normal situation then fair enough but this currently isn't. If a text or email isn't responded to then send a letter in post. Do not go around to the house. 

jennywren22

We would not be calling round. Just cannot believe that the council have them a property and the council know well that the tenants are not paying the private landlord as we have informed the housing officer at the council. I feel they are condoning what the tenants are doing to private landlords. All the council keep informing us is that we follow the Corvid-19 ruling that they we cannot serve them a Section 21 - which we have and the council know we have. Court ordered house back to us but tenants requested extra time to stay - hearing implemented but unfortunately the new measures for ongoing possession orders were stopped for 90 days. So it appears the tenants believe they can stay there without paying rent!! Several letters later and informing we will go for money order still no rent!! It beggars belief!!

SXX

I personally don't think it would be right for the Government to prop up investments, in the same way i don't expect them to pay me for the shares i hold falling in value due to those businesses not trading. or the dividends that have been cancelled due to pressure exerted. 

This comment does not make sense.   The Govt has interfered in private landlords investment by banning evictions for 3 months - but it has done nothing to prop up the landlord financially during this time (in the case of tenants not paying).  It is all very one sided.    

Semple

jennywren22 said:

I feel they are condoning what the tenants are doing to private landlords. 

Where have they said they're condoning the tenants actions?? It's just that with the current situation, they know there's nothing they or you can do. The advice is currently for people to avoid moving house unless absolutely necessary. The absolutely necessary bit would only cover a home that is uninhabitable.

Claim from your rent protection insurance.