UK Landlord Forum / Life

Hi guys, new to this so please bear with me

We have a house in UK that we rent out, wecurently live abroad. The first 7 years went like a dream, same tenants, never let usdown.  They left last year and we got new tenants in. They were fine until a couple of months ago. First off, they write and asked if they could use their deposit for a months rent, we agreed (perhaps stupidly) on the grounds that they repaid the deposit - they havent yet.

We now have a request from them to put the tenancy into one name only, which shouldnt be a problem. However, although the previous agreement was in two names, the council tax was only put into one name. That person has now removed herself from the council tax but omitted to tell the council that there was another person living there and consequently the council tax was put back in our names as legal owners of the property. There is also a number of unpaid council tax payments. She has asked us to remove her from the tenancy and put it in her husband's name only but it has since come to light that she told the council she was leaving the premises. Her husband has now put the tax in his name and has applied for and received single person discount on the council tax but we know for definite that she is still living there. The council are about to start an ivestigation of their own - can they prosecute for fraud?   Also, we have a buy to let mortgage on the property that states no DSS, no unemployed and no students.

Bearing in mond what happened with the council tax, can i ask them to provide me with proof that all other utility bills are in their names and not ours? Also, bearing in mnd that she has now lied to the council, can i add a clause to the tenancy agreement that no-one other than the named tenant is allowed to live in the property and can I issues an AST for 3 months?  I'm sory there are so many questions here but we have kind of been spoilt with such good tenants in the past.  They are up to date with the rent, except for using the deposit to pay one month so we're really just looking for a way to protect ourselves. Virtualy everything we see on the internet goes on about tenants rights but not much about us landlords and I just want to keep things tight enough to protect us as well as them.

Thanks in advance for any help or advice anyone can give us

This sounds, on the face of it, to be too dodgy to be good for anyone... have you considered evicting these Tenants and starting again, hoping to get more model Tenants like you had before? Obviously the situation regarding your mortgage could happen to anyone - someone has a job, then rents your place, then needs to take advantage of benefits... your mortgage company can't insist they're evicted due to a change in circumstances. However, eviction would kill two birds with one stone for you and, as you say, you'd not have so many questions going around in your head. Clean slate.

No dont do that.

Councils make mistakes. All the time.

If she asked to come off, it may not have been fraud just an idiot at the council.

Give them a ring, explain, and it will be sorted, dont worry about it.

Honestly Utility people are idiots, they make so many mistakes, and its just annoying it takes our time and patience to have to sort it out.

Whilst there is a person paying you rent, they are liable for all the bills, NEVER you...

As long as you are getting your rent and they are looking after the place, why "start afresh"

My biggest concern was that they're, effectively, already a month in arrears. Paying the rent is good, paying it from the deposit (and not replacing it) is bad. I would feel somewhat exposed.

Thanks for all your replies. It isn't an idiot at the council unfortunately. She has written to them, stating she has moved. Before that the council tax was in her maiden name, she has since married (probably irrelevant) but the tax has now been put in her husband's name and he is claiming a single person discount for the council tax. My problem arose because she never told the council that there was someone else taking over the bill so they automatically put it back in our name with £500 in arrears. It has been changed now, i've checked.  We have issued a 3 month tenancy with the option to review. I dont have any trust in them now although they say they are trying to get the deposit together.  The problem, i gether, with eviction is that it takes so long   We did wonder whether to just say to them after Christmas that we would not be renewing the tenancy and giving them the 2 months to go. I have people lining up to go in this place so that wont be an issue. I have a feeling that if we told them taht they would just stop paying the rent though and we do have a mortgage to pay.

Evict at the time that is best for you. The trust is gone and you will be exposed to your concerns about non-payment at any time you issue them with a Section 21, providing at least 2 months notice. Whether it's now or later may not have any bearing. You should always have a contingency so you aren't depending on the money from the Tenants entirely. If you serve a Section 21 and they refuse to leave and you need to apply for a repossession order, then you could be looking at many months of non-payment (that you will have to chase afterwards). Or just ride it out and hope they get back on track.

Again, I feel your pain.

Its the husbands job to tell them he is liable, not hers mind.

Why not ask for £50 a month to go into a deposit fund?

Thank you again for your replies. The rent is due on 28th so I will wait to see if that is paid and if they send me the tenancy agreement back, signed. If not i'll take it from there. He is only ona 3 month contract now, so if i'm not happy i'll serve the S21 at the end of the month and give them til the end of Feb to move on.. We do have contingency plans for cash in case of teh rent not being paid but no-one likes to let their house out for nothing!  The council will also be investigating the discount he has claimed on council tax so what will happen there I dont know. I guess that isnt our problem though. But, as you say, the trust is gone now so I may just not renew their tenancy (gving them 2 months notice of course!)  Thanks again folks