Help Please!! Tenant spent all the backpaid rent money?

[bigal9ball]

Where do i stand legally with this issue? The tenant has spent £527 of backdated rent money from the council and ive asked them to leave my property ASAP and she has phoned the police and the police have said i have to give her a months notice but she didnt pay any bond or rent up front? Any help please thanks

[assisted blonde]

Have you got a signed tenancy agreement with them?

[bigal9ball]

yes a 6 month one and shes been in the property for 2 months now

[stu007]

Hi

 

If this is backdated money from the council housing benefit dept to pay the landlord rent and they have spent this you are entitled as the landlord to in form the council housing benefit dept of this.

[nohope]

Does the tenant owe more than 2 months rent or under 2 months?

If more than 2 months then you use a section 8 to get them out, can take a couple of months though.

 

If you have a break clause in the tenancy agreement then use that but will still take a month as you should give them a months notice but even then they do not have to leave till you take it to court which would be under a section 21.

 

Getting tenants out is a lot harder than getting them in in the first place,

[Michelle Ann]

In the first six months, you usually can't break a contract unless you have legal ground to do so. You can't just force someone out of the property and without notice at any time. It is highly illegal. I would suggest getting proper legal advice as it is difficult to say what you can and can't do given the situation.

[nohope]

But if the tenant is not paying rent then they have broken the agreement from there side which then means you can give them 1 months notice and if they refuse to leave after that you issue a section 21 or if they owe more than 2 months full rent its a section 8..

 

Either way, its court then a waiting game.

[Michelle Ann]

But if the tenant is not paying rent then they have broken the agreement from there side which then means you can give them 1 months notice and if they refuse to leave after that you issue a section 21 or if they owe more than 2 months full rent its a section 8..

 

Either way, its court then a waiting game.

 

Which would constitute a legal ground to remove them. However, the OP cannot forcibly remove the tenant, it has to go to a court first. Hence I would suggest she get advice on which steps she has to use to remove the tenant.

[nohope]

No one has said to remove them by force, all i've said is the steps that need to be taken to get them out if thats what they want to do and for both its a case of going to court which i have made clear.

 

And the reason people ask for help on here is to get advice which is what i am doing.

[mariner51]

If T is not paying rent from HB received or is in arrears, then first step would be notify local HB dept and require them to pay future HB payments direct to LL, that should curtail Ts avail income. s8 g10 or 11 can be used to obtain discretionary repo order if some rent is owed. Only g8 (2 months rent owed) is mandatory ground.