UK Landlord Forum / Life

I just wanted some advice please.

My current tenant was due to be evicted by bailiffs in a few weeks but I have since found out via housing benefit entitlement stopping that he left a few weeks ago and has been rehoused. This was confirmed by his housing officer. The housing benefit and council tax have both ceased at my property but the tenant and his housing benefit officer seem to be under the impression he can keep the key and his belongings in there until the bailiffs come.

Can I please ask as he has said in an email he has been rehoused and has left the property so should he still have a key to my property? He has only left a few belongings and said he will pick them up in a few weeks and will then put the key through the door.

So legally can I go and change the locks to my property ASAP as the tenant has now left and the benefit entitlement for him has now ceased. Can I apply for dual housing benefit to cover this period or do they need too?

I am unclear about my rights here?

Until the the bailiffs execute the possession order, the tenancy continues. Nothing has actually changed.

As the tenant still owes rent until the tenancy ends, the tenant could help themselves by agreeing to surrender the tenancy rather than just pushing the keys through the door. A deed of surrender would be perfect, but a message to you saying here's the keys back, that's the end of the tenancy which you agree to would end the tenancy.

Quote from: jpkeates on November 11, 2023, 10:33:30 AMUntil the the bailiffs execute the possession order, the tenancy continues. Nothing has actually changed.

As the tenant still owes rent until the tenancy ends, the tenant could help themselves by agreeing to surrender the tenancy rather than just pushing the keys through the door. A deed of surrender would be perfect, but a message to you saying here's the keys back, that's the end of the tenancy which you agree to would end the tenancy.

Thank you for your reply. The issue is there is no housing benefit now on my property as he has failed to tell me he has been rehoused. So I really need to ask him to apply for dual housing benefit to cover the rent at my property? Do you know how many weeks he has to apply for dual housing benefit because I can't find this anywhere, or can I apply myself? If he won't apply for dual housing benefit can I approach the council and say he as not yet given me my keys back and has belongings in this property so I am still entitled rent?

Or will I have to take him to court for the outstanding rent

I can't imagine the council agreeing to pay housing benefit for two homes in this situation, even if the tenant bothers to apply. So you'll almost certainly end up suing the tenant (even though if the tenant lives on benefits, the only outcome will be a CCJ, the chances of getting any actual money are small. Which might be worth trying to use as leverage with the tenant to get their act together and return your property to you.

Quote from: jpkeates on November 11, 2023, 05:23:10 PMI can't imagine the council agreeing to pay housing benefit for two homes in this situation, even if the tenant bothers to apply. So you'll almost certainly end up suing the tenant (even though if the tenant lives on benefits, the only outcome will be a CCJ, the chances of getting any actual money are small. Which might be worth trying to use as leverage with the tenant to get their act together and return your property to you.

So basically it's a win win for the tenant. The housing officer encouraged him to stay at the property fully aware I would not get any housing benefit. It's all wrong the system is flawed

Well, you've evicted the tenant, so that's not a win for the tenant.

Thanks

I know it is infuriating. I have no experience of tenants on benefits, but I very much doubt that the council will pay the arrears. Trying to sue him in court is pointless. You would probably get a judgement in your favour, but that means nothing if the other party has no assets or earned income. He would get a CCJ, affecting his credit rating but little else.

You do have your property back very soon, and a lesson learnt about the type of person you will let to in future.   

JPK, I can't agree that this is not a win for the tenant. He has apparently gone seamlessly from one comfy billet to another, all paid for by the taxpayer. To top it all he is collecting his stuff and returning the keys at his leisure,  which adds insult to injury.   

Fair point. But that is part of the point of local authority housing departments - to act as a safety net. I don't think losing your home can be any kind of win. And we never know anyone else's story.

QuoteYou do have your property back very soon, and a lesson learnt about the type of person you will let to in future.

Thank you. I've been more than fair to this tenant but he has lied, and  trashed my property. He was referred by the housing options team, something I am very upset about. I'll be selling the property after