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Problem with private tenant rent


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A friend of mine is having issues with her tenant, the tenant is receiving the housing rent payments directly but he hasn't paid the last two months payments.

 

She is at her wits end as he won't pay, but is telling her to stay away from the home and she cannot evict him as it will take months to do so.

 

Where does she stand? I know this is a bit loose, does she inform the housing benefit office that she has not been paid the rent?

 

I have looked through the forum to find similar issues but couldn't spot any, I am sure other landlords are having issues where housing benefit has been withheld.

 

He told her also to stay away as she has a job so should be able to cover the mortgage.

 

Any advice appreciated.

 

Chris

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Landlord should quickly contact HB office and ensure that all future payments are sent directly to the Landlord. LL should take a copy of the Tenancy Agreement as proof of the Tenant occupying the property. I am not strong on this kind of situation, but it would seem that tenant is fraudulently taking/spending HB money.

If LL wants to keep this tenant then this is the best way forward.

 

It appears, though, that this tenant is the type of person who might always cause issues. So I would immediately research the correct forms / procedure to follow to remove them from the property and find another tenant.

Check this out:

Section 8 Form- Evicting Tenants

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It is also worth noting that there are very strict procedures to follow in eviction. It is best to pay a solicitor to draw up the eviction forms. If a mistake is made it can be very costly and waste a huge amount of time. LL should find a specialist solicitor.

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It is also worth noting that there are very strict procedures to follow in eviction. It is best to pay a solicitor to draw up the eviction forms. If a mistake is made it can be very costly and waste a huge amount of time. LL should find a specialist solicitor.

 

Disagree.

 

Eviction is relatively straightforward - but yes, you do have to follow the prescribed fashion.

 

However, it certainly isnt difficult, and well within the remit of landlords to perform themselves.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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LL can issue a s.8 notice, ground 8. This ground is mandatory for the court to award possession. Tenant can avoid by paying up before it goes to court, so LL should also issue s.21 giving minimum of 2 months notice to end on or after the last day of the fixed term of the AST (known as the belt and braces approach).

 

"Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing-

 

(a) if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid;

 

(b) if rent is payable monthly, at least two months' rent is unpaid;

 

© if rent is payable quarterly, at least one quarter's rent is more than three months in arrears; and

 

(d) if rent is payable yearly, at least three months' rent is more than three months in arrears;

 

and for the purpose of this ground "rent" means rent lawfully due from the tenant."

 

Rent is 2 months in arrears the day the 2nd month's rent is unpaid (e.g. one month and one day).

 

LL should also contact council to confirm that rent is not being paid and request HA be paid direct to LL.

If LL decides to use a solicitor, make sure they know what they are doing re tenancy law!!

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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