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Advice for landlord trying to help tenant

2

Comments

  • thebeeches
    thebeeches Posts: 26 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I presumed she moved from HB to LHA because the first time she said the benefits had gone wrong was at the time of the switch.

    LHA is higher and would cover her top-up, so I thought she had maybe signed off HB and the next day put in a new claim for LHA. That neatly explained the delay in April, so when May's rent was late I thought it would come 4 weeks after April's payment, but 4 weeks have past and still no money.

    If she does get more than 8 weeks behind, when I know she has been receiving benefit, I think my patience will run out.

    I know I can ask for the benefit to be paid to me, but I've never wanted to do that. Firstly, I believe that people should be responsible for their own income and outgoings. Secondly there is (or was) a boyfriend lurking in the background and I wouldn't want to risk the council taking the benefit back off me if she had falsely claimed.
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    so... she's been late with her rent a fair bit, she has a dog in the house without permission, there is no guarantor although there should be and she has someone else staying there on and off and potentially falsely claiming HB/LHA... Can you just tell me again why you are trying to so hard help her out? :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • immoral_angeluk
    immoral_angeluk Posts: 24,506 Forumite
    10,000 Posts Combo Breaker
    If she is claiming housing benefit would it not be more appropraite for the local authority to pay you direct?
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • immoral_angeluk
    immoral_angeluk Posts: 24,506 Forumite
    10,000 Posts Combo Breaker
    thebeeches wrote: »

    I know I can ask for the benefit to be paid to me, but I've never wanted to do that. Firstly, I believe that people should be responsible for their own income and outgoings. Secondly there is (or was) a boyfriend lurking in the background and I wouldn't want to risk the council taking the benefit back off me if she had falsely claimed.
    That's fair enough... but the fact is what if her rent was your only income? You'd be in a whole heap of mess yourself. She may have a child and not be doing well financially but the fact is that she's broken (I presume) the terms of the tenancy agreement on numerous occasions. If you DO ask her to leave you may actually be doing her a favour as she'd become higher priority for council housing and therefore reduced rent costs which would no doubt help her out financially unless she is claiming full HB/CTB. But if she IS getting full help then I struggle to understand why she's having trouble paying you.
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • sismith42
    sismith42 Posts: 102 Forumite
    thebeeches wrote: »
    Going round to chat is a bit awkward as I will need to get her to agree to a visit and then she will feel the need to hide the dog.

    If you do decide to keep her on, stop the charades about the dog, and add that dogs are allowed! She may think that since you are too thick to realize or too soft to say anything with regards to the dog, that she can get away with other things, too... this is, assuming, that the dog truely isn't an issue for you... good luck!
    Steph
  • LilacPixie
    LilacPixie Posts: 8,052 Forumite
    I think there comes a time when you have to consider that she may not be a victim of unfortunate circumstances and is actually deliberatly taking the pi$$.

    It may sound harsh but if she is unable to even afford slightly less than the going rate for your property then she really needs to reconsider her own personal circumstances. Surely in the longer term it would be better to raise the rent to the going rate and perhaps ask her to leave if she continues to break her tenancy agreement.

    As you firmly believe someone should be responsible for there own income and outgoing surely you also favour them being responsible for their own actions.
    MF aim 10th December 2020 :j:eek:
    MFW 2012 no86 OP 0/2000 :D
  • thebeeches
    thebeeches Posts: 26 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Up until now our aims have coincided. She may have been late with the rent, but its always been paid. Its only now when I should be considering another 12 month AST that I realise that a few days late is becoming a few weeks late and the excuses are running out.

    In fact its only this month that there has been no convincing excuse.

    And I do feel for her, managing upto now reasonably well in her circumstances.

    From my point of view, I haven't yet lost any rent. Its been late but its always been paid in full. If I serve notice, there is a real risk of actually not being paid the rent and possibly incurring court costs to get her out.

    Upto now my sympathetic approach has paid off - the rent has been paid. Once I get tough, she may well try for council housing, she may well withhold rent to save for a new place. She will want to delay until either she finds a private rental near to the school or the council house her. All of which means I lose money.

    You may think I have been overly sympathetic, but it has resulted in receiving the rent in full.

    If she has been taking advantage maybe refusing to issue another 12 month AST will get her to prioritise her rent.
  • LilacPixie
    LilacPixie Posts: 8,052 Forumite
    ultimatly everyday she is late paying the rent you are loosing money. Her rent money could of been earning you a little interest plus i presume you have a BTL mortgage that needs paying each month on time plus the associated insurance costs etc.

    From an outsiders point of view and a DFW then rent is priority bill and should be paid at all costs. I really think you need to get tough with her.

    I am once again presuming but say her rent is due 1st of each month. she paid aprils on the 10th because of HB mess up and you presumed may's rent when late would also arrive the 10th but we are now well into june and still no money. This has happened with no contact from her so how do you know she even intends to pay??

    I really do think you should focus less on her as a person and more on the business transactiion. Think how would your mortgage company react if you were 4+ weeks late with your payment??
    MF aim 10th December 2020 :j:eek:
    MFW 2012 no86 OP 0/2000 :D
  • thebeeches
    thebeeches Posts: 26 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    You've got the gist of it.

    Though the rent is not due on the first and has never been a whole calendar month late. I have had an answerphone message to say it will be paid.

    I need to sort out next year this week. She will be expecting a new AST, so I'll see her reaction (and hopefully some rent) when I send her a rent increase notification and no new AST.
  • Jacks_xxx
    Jacks_xxx Posts: 3,874 Forumite
    :wave: Hiya sweetie,

    Now we don't know her situation, and what other problems she's facing - or how much of the rent is covered by the Housing Benefit she's paid but I do think the time has come to be a little bit tougher here.

    Definitely put the rent up to something more in line with other local rents and make the tenancy periodic. (if only to give her the kick up the @r$e she needs to stop risking losing her childs home.)

    If you feel rotten about it then by all means explain to her that just as it messes up her life when she isn't paid the money she's expecting when she's expecting it - it causes you problems when she doesn't pay her rent on time.

    And please don't feel like you're being the bad guy here. You're not kicking her out on the streets (yet ;) ) you're just asking her to pay her rent.

    The one concession I think you could reasonably make is to move the rent to four weekly to coincide with when her housing benefit is paid to her to avoid the "rent is due today but HB isn't paid until next week" scenario.

    And if the dog's not a problem to you, and you still have an adequate cleaning deposit even if she does a moonlight flit still owing you two months rent, then you could include the dog in the new agreement so she's got one less thing to worry about.

    (Although personally I wouldn't do that. )

    If she's got a computer as well as money worries perhaps you could point her here at this site for help?

    It's very sweet of you to think of her point of view honey.

    Love Jacks xxx :D
    Not everything that can be counted counts, and not everything that counts can be counted. Einstein
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