Renting a property, received a repossession order

RHemmings

silvercar wrote: »

No doubting the tenant is in the unfortunate position of uncertainty. The tenant needs to protect herself as much as possible and the withholding rent arguement could result in the tenant being chased for money. Also there is a chance that the repossession won't proceed.

In which case the tenant, who is in receipt of housing benefit, may risk being seen by the council as "intentionally homeless". Note this info from a shelter page (my emphasis).

http://england.shelter.org.uk/advice/advice-156.cfm

Can the council decide that I am intentionally homeless?

It is up to the council to prove that you are intentionally homeless, not for you to prove that you aren't. The council has make enquiries into the reasons you became homeless and must be satisfied that allof the following points apply:

• you deliberately did (or didn't do) something
• that caused you to leave accommodation
• which you could otherwise have stayed in, and
• it would have been reasonable for you to stay there

Deliberately did or didn't do something

The council should look at the whole of your circumstances in deciding whether you deliberately did or didn't do something. It may decide that you deliberately did or didn't do something that caused you to become homeless if:

• you didn't pay the rent or mortgage when you could have afforded to
• you were evicted for anti-social behaviour
• you left accommodation that you could have stayed in

If you didn't pay your rent or mortgage because of financial difficulties that were beyond your control, the council should not consider you to be intentionally homeless. This is especially true if you can show you did everything you could in order to save your home.

Now, it could be that the tenant is going to have to leave the property anyhow. But if she hadn't paid rent then that potentially gives the council an out to deny her assistance. And without confirming that this won't happen, that's IMHO a big risk to take.

pickles110564

epz wrote: »

lets get this straight the op's sister has given the BTL'r several months rent as a deposit .

Why would the tennant give several months rent for a deposit, on our BTL's all we ask for is one months rent in advance and the same amount as a deposit.

RHemmings

pickles110564 wrote: »

Why would the tennant give several months rent for a deposit, on our BTL's all we ask for is one months rent in advance and the same amount as a deposit.

i've heard of several cases where it is agreed that some months or even a whole year of rent is paid up front as part of negotiations. I.e. a lower rent is negotiated in exchange for a lump sum of forward rent. Or, in some circumstances, that a landlord will take on a tenant that s/he wouldn't have taken on otherwise as long as a certain amount of rent is paid up front.

I think this thread is telling us at least one reason why a landlord may be interested in a lump sum up front - if they have cashflow problems.