Section 21 Claim form for possession.

MaryNB

Zoe02 said:

diggingdude said:

Sadly this is a reason why the "no DSS" attitude still applies to renting. Hope you get rid of her as soon as possible 

I agree and once I am free from this never again. 

With rule 3 of the forum in mind, you should be aware having a No DSS policy is unlawful discrimination. You can't, by law, reject someone for the sole reason they are on benefits.

[Deleted User]

I will be conducting extensive due diligence going forward.

The tenant would be screened and would have to pass credit checks, have guarantor etc in order to to be selected. 

[Deleted User]

I am aware of the law.
As far as the tenant passes all the checks then they will be selected!

poppy12345

Zoe02 said:

deannagone said:

Look at what HLA is for your area.  Depends where it is, but it might be that HLA levels (the max they will pay for monthly rent) won't begin to meet what you stated the rent is.  

I'm not sure that owing rent on its own is enough to create registration problems for the tenant.  You will have problems getting a criminal conviction.  The code the NMC produces (only a quick read) refers more to professional practice.  Not what happens if a professional has debt problems (otherwise anyone with a mortgage could be de-registered, CCJ's even aren't enough).  

Did you get references from a previous LL or did you just take the tenant on the basis of the referral from the local authority?

When she rambles, politely but calmly bring her back to 'finding a solution'. Keep dated notes of all conversations if she refuses to answer written forms of communication.  If she makes an agreement to pay rent arrears, write a letter detailing what was agreed.  Get proof of postage from the PO (free).  

She might be able to get a Discretionary Housing Payment.  Ask your local council about this.

The LHA in the area is £1595.62 for a 4 bedroom which is what the monthly rent is.

The issue is the false infomation to get universal credit. When you have working adult children this has to be disclosed. She has 3 adult children living there but only disclosed 1.

Universal credit have reduced payment byy more than half.

Her payment have been sanctioned and reduced. 

I don't understand this. You said the house is a 4 bed. If she only disclosed 1 adult child living there then she would only have been entitled to the 2 bedroom rate of local housing allowance for the area. If the non dependant is 21 and under there is no non dependant deductions, even if they are working. See link. https://forums.moneysavingexpert.com/discussion/6331658/landlord-seeking-thoughts-regarding-dishonest-tenant/p3

Therefore, even from the start of the tenancy agreement, she wouldn't have been entitled to 4 bed rate, if she didn't declare the other adult children living with her. See LHA rates here. https://lha-direct.voa.gov.uk/

If she had declared them all living there then she would be entitled to 4 bed rate of LHA with a deduction of £75.53 x 2 for two non dependants, if they work. Unless she claims a qualifying disability benefit. Or the non dependants receive certain disability benefits or carers allowance. 

Having said that, as they are all non dependants, i don't understand why you didn't have each of them named on the tenancy agreement, this way they would have all be responsible for their part of the rent.

Any earnings she receives during her assessment period will also reduce her entire UC by 55%.

[Deleted User]

poppy12345 said:

Zoe02 said:

deannagone said:

Look at what HLA is for your area.  Depends where it is, but it might be that HLA levels (the max they will pay for monthly rent) won't begin to meet what you stated the rent is.  

I'm not sure that owing rent on its own is enough to create registration problems for the tenant.  You will have problems getting a criminal conviction.  The code the NMC produces (only a quick read) refers more to professional practice.  Not what happens if a professional has debt problems (otherwise anyone with a mortgage could be de-registered, CCJ's even aren't enough).  

Did you get references from a previous LL or did you just take the tenant on the basis of the referral from the local authority?

When she rambles, politely but calmly bring her back to 'finding a solution'. Keep dated notes of all conversations if she refuses to answer written forms of communication.  If she makes an agreement to pay rent arrears, write a letter detailing what was agreed.  Get proof of postage from the PO (free).  

She might be able to get a Discretionary Housing Payment.  Ask your local council about this.

The LHA in the area is £1595.62 for a 4 bedroom which is what the monthly rent is.

The issue is the false infomation to get universal credit. When you have working adult children this has to be disclosed. She has 3 adult children living there but only disclosed 1.

Universal credit have reduced payment byy more than half.

Her payment have been sanctioned and reduced. 

I don't understand this. You said the house is a 4 bed. If she only disclosed 1 adult child living there then she would only have been entitled to the 2 bedroom rate of local housing allowance for the area. If the non dependant is 21 and under there is no non dependant deductions, even if they are working. See link. 

Therefore, even from the start of the tenancy agreement, she wouldn't have been entitled to 4 bed rate, if she didn't declare the other adult children living with her. See LHA rates here. 

If she had declared them all living there then she would be entitled to 4 bed rate of LHA with a deduction of £75.53 x 2 for two non dependants, if they work. Unless she claims a qualifying disability benefit. Or the non dependants receive certain disability benefits or carers allowance. 

Having said that, as they are all non dependants, i don't understand why you didn't have each of them named on the tenancy agreement, this way they would have all be responsible for their part of the rent.

Any earnings she receives during her assessment period will also reduce her entire UC by 55%.

The LHA  in the area is £1595.62 per month.

the house is a 4 bedroom.

1 adult child is 20 other 2 are over 21.

LHA in the area for 2 bedroom coming up as £1096.98

The council that introduced her are aware it's a 4 bedroom, but I do not know what she has informed/provided Universal credit with regards to payment/affordability, documents etc.

She works part time and has children also working. 

With UC depends on household income, if they earn so much in a particular month, this reduces UC payment and tenant is expected to pay themselves. 

She has been deceptive and seemed unaware what is going on as to why the UC this month has been drastically reduced.

When I contacted UC, they will not disclose much information except there has been a change in client's circumstances hence the reduction. 

I informed them that there are 4 adults in total residing at the property. I was provided ID document copies of the occupants by the tenant.

Yes going forward all over 18s will be included in the tenancy. 

poppy12345

Zoe02 said:

poppy12345 said:

Zoe02 said:

deannagone said:

Look at what HLA is for your area.  Depends where it is, but it might be that HLA levels (the max they will pay for monthly rent) won't begin to meet what you stated the rent is.  

I'm not sure that owing rent on its own is enough to create registration problems for the tenant.  You will have problems getting a criminal conviction.  The code the NMC produces (only a quick read) refers more to professional practice.  Not what happens if a professional has debt problems (otherwise anyone with a mortgage could be de-registered, CCJ's even aren't enough).  

Did you get references from a previous LL or did you just take the tenant on the basis of the referral from the local authority?

When she rambles, politely but calmly bring her back to 'finding a solution'. Keep dated notes of all conversations if she refuses to answer written forms of communication.  If she makes an agreement to pay rent arrears, write a letter detailing what was agreed.  Get proof of postage from the PO (free).  

She might be able to get a Discretionary Housing Payment.  Ask your local council about this.

The LHA in the area is £1595.62 for a 4 bedroom which is what the monthly rent is.

The issue is the false infomation to get universal credit. When you have working adult children this has to be disclosed. She has 3 adult children living there but only disclosed 1.

Universal credit have reduced payment byy more than half.

Her payment have been sanctioned and reduced. 

I don't understand this. You said the house is a 4 bed. If she only disclosed 1 adult child living there then she would only have been entitled to the 2 bedroom rate of local housing allowance for the area. If the non dependant is 21 and under there is no non dependant deductions, even if they are working. See link. 

Therefore, even from the start of the tenancy agreement, she wouldn't have been entitled to 4 bed rate, if she didn't declare the other adult children living with her. See LHA rates here. 

If she had declared them all living there then she would be entitled to 4 bed rate of LHA with a deduction of £75.53 x 2 for two non dependants, if they work. Unless she claims a qualifying disability benefit. Or the non dependants receive certain disability benefits or carers allowance. 

Having said that, as they are all non dependants, i don't understand why you didn't have each of them named on the tenancy agreement, this way they would have all be responsible for their part of the rent.

Any earnings she receives during her assessment period will also reduce her entire UC by 55%.

I do not know what she has informed/provided Universal credit with regards to payment/affordability, documents etc.

There's no affordability checks done by DWP/UC. To claim for help with the rent she would have needed her tenancy agreement, with proof of her liability to pay rent. Affordability checks should have been completed by yourself or the LA.

Zoe02 said:

With UC depends on household income, if they earn so much in a particular month, this reduces UC payment and tenant is expected to pay themselves. 

It will be her name on the UC claim, nothing to do with "household income." Apart from the non dependant deductions as mentioned above.  Her children are adults so she will not have the work allowance, this means that all of her earnings she receives each month will reduce her UC by 55%. There is no earnings disregard for her.

I privately rent my home and i'm a benefit claimant, though i claim housing benefit, not UC. Never been in rent arrears in 15 years of privately renting. I did have to have a guarantor, which wasn't a problem.

elsien

You seem to be quite exercised about the tenant’s dishonesty and wanting to bring her to account.
Your only concern is whether/how she will pay the rent. Anything else/what she told them is down to the DWP to follow up on. 

Decide what you’re going to do to resolve the rent arrears and put everything else to one side. 

[Deleted User]

poppy12345 said:

Zoe02 said:

poppy12345 said:

Zoe02 said:

deannagone said:

Look at what HLA is for your area.  Depends where it is, but it might be that HLA levels (the max they will pay for monthly rent) won't begin to meet what you stated the rent is.  

I'm not sure that owing rent on its own is enough to create registration problems for the tenant.  You will have problems getting a criminal conviction.  The code the NMC produces (only a quick read) refers more to professional practice.  Not what happens if a professional has debt problems (otherwise anyone with a mortgage could be de-registered, CCJ's even aren't enough).  

Did you get references from a previous LL or did you just take the tenant on the basis of the referral from the local authority?

When she rambles, politely but calmly bring her back to 'finding a solution'. Keep dated notes of all conversations if she refuses to answer written forms of communication.  If she makes an agreement to pay rent arrears, write a letter detailing what was agreed.  Get proof of postage from the PO (free).  

She might be able to get a Discretionary Housing Payment.  Ask your local council about this.

The LHA in the area is £1595.62 for a 4 bedroom which is what the monthly rent is.

The issue is the false infomation to get universal credit. When you have working adult children this has to be disclosed. She has 3 adult children living there but only disclosed 1.

Universal credit have reduced payment byy more than half.

Her payment have been sanctioned and reduced. 

I don't understand this. You said the house is a 4 bed. If she only disclosed 1 adult child living there then she would only have been entitled to the 2 bedroom rate of local housing allowance for the area. If the non dependant is 21 and under there is no non dependant deductions, even if they are working. See link. 

Therefore, even from the start of the tenancy agreement, she wouldn't have been entitled to 4 bed rate, if she didn't declare the other adult children living with her. See LHA rates here. 

If she had declared them all living there then she would be entitled to 4 bed rate of LHA with a deduction of £75.53 x 2 for two non dependants, if they work. Unless she claims a qualifying disability benefit. Or the non dependants receive certain disability benefits or carers allowance. 

Having said that, as they are all non dependants, i don't understand why you didn't have each of them named on the tenancy agreement, this way they would have all be responsible for their part of the rent.

Any earnings she receives during her assessment period will also reduce her entire UC by 55%.

I do not know what she has informed/provided Universal credit with regards to payment/affordability, documents etc.

There's no affordability checks done by DWP/UC. To claim for help with the rent she would have needed her tenancy agreement, with proof of her liability to pay rent. Affordability checks should have been completed by yourself or the LA.

Zoe02 said:

With UC depends on household income, if they earn so much in a particular month, this reduces UC payment and tenant is expected to pay themselves. 

It will be her name on the UC claim, nothing to do with "household income." Apart from the non dependant deductions as mentioned above.  Her children are adults so she will not have the work allowance, this means that all of her earnings she receives each month will reduce her UC by 55%. There is no earnings disregard for her.

I privately rent my home and i'm a benefit claimant, though i claim housing benefit, not UC. Never been in rent arrears in 15 years of privately renting. I did have to have a guarantor, which wasn't a problem.

TBH I honestly just want my rent paid.
I do not understand UC how it was calculated etc .What I mean by affordability is that the income the tenant gets and her entitlement. 
What caught me off was that 1st month only needed £400 from the tenant which was received 
2nd month only received £400 but has lead to rent arrears so need to focus on getting the full amount or process to evict tenant if arrears continue. 

[Deleted User]

elsien said:

You seem to be quite exercised about the tenant’s dishonesty and wanting to bring her to account.
Your only concern is whether/how she will pay the rent. Anything else/what she told them is down to the DWP to follow up on. 

Decide what you’re going to do to resolve the rent arrears and put everything else to one side. 

You are right.
I am not interested in the tenant's stories need to focus on getting full rent or if arrears continue, start eviction process.

Thanks

I will be going offline now.

JuanBallOfWimbledon

Are you absolutely sure this was an intentional thing? I know next to nothing about benefits, but there are posts on this forum and others like it on a regular basis about mix ups with benefits payments, payments not being made etc etc etc. My already financially struggling, working, niece just last October had her tax credits stopped with just a letter stating it was due to a change in her circumstances. She was in a real mess due to this. It’s all been sorted now, and was indeed a mistake on the part of the tax credits office. 

I only ask as it’s clear you also know next to nothing about benefits, and have said above that the DWP wouldn’t disclose any information other than ‘she had a change to her circumstances’. Yet so far you’ve said that she ‘Seems to know what she is doing’, is ‘giving me false details’, has ‘been dishonest disclosing wrong information to get a higher benefit’, that she ‘ has no intention of been honet now’ (sic), is ‘a professional cheat and liar’, and is ‘playing the system’. You’ve also suggested to her that this ‘behaviour could affect her employment‘.

Is it possible she really doesn’t know what’s happened to her UC? Also, for what it’s worth, I’m a member of a group for tenants and landlords and have seen a few posts from people struggling to find a home who claim to have been, let’s say, ‘strongly encouraged’ by the council to take a property that they’d massively struggle to afford. 

She may be all the things you say she is, but they’re strong accusations if you’re not certain. Focus less on her potential benefit fraud and more on the issue that concerns you, as suggested above.