UK Landlord Forum / Life

First of all, I'd just like to say what a great forum, with some interesting topics and facts. well done guys!!!

Right, here we go...

My my tenant has been issued a Section 21 and is now being a pain in the arse. She has constantly paid rent late (albeit 3-4 days) and has a pet cat where it clearly states no pets in agreement. She is now saying that she has been to Citizens Advise and they have told her she only has to pay what the housing benefit give her (£200 less than full rent due).  This, I'm presuming is bulls**t???. Can someone confirm this please?
Where do I stand with the cat ? So tempted to leave the door open to the flat when I visit next!!!
Finally (sorry), I left a cooker, fridge, freezer, bed and wardobe at the flat and have told her I want to sell these items to make up for the loss of rent. Am I allowed to gain entry and remove these??? (flat let as unfurnished)

Thanks in advance all, and keep up the good work. Dan

Yes its bullshit-she has to pay what's agreed.
If she short pays it makes her much less easy to evict though.

If you've issued a s21 notice, the cat is not really a long term issue, unless it causes additional cleaning (which will be a deposit "issue").

If the cooker etc are in storage there, you can't access the flat and remove things without the tenant's permission (why not wait for possession?)

If they're in the kitchen and bedroom (and so on) and they were there when the flat was viewed, they're part of the rental and you can't take them away.
Presumably they're part of the inventory.
What you want to do with them to recover rent is nothing to do with things and threatening to sell them to make up lost rent could be harassment and very bad for you.
Again, you're close to a possession order - why rush things.

Thanks very much for the reply jpkeates... Your right, I need to be more patient. I will let things take course.
Bigger problem though.... I've just received a text from her, and she is now refusing to pay any rent at all. She's agrieved because we have put the flat on the market, hence the issue of Section 21. She has told me she aint paying until she goes to the council to find out her rights on Monday.

She is also making up crap, saying that there was no witness when agreement was signed. She is trying every trick in the book. Threatening with solicitors etc. She aint the sharpest tool in the box. Truth be none, the reason for refusing to pay rent is because she's going on a short holiday next week and obviously needs spending money.

She has so put me and the wife off from letting in future. It is so stressful at the moment.

Just want it all over

Even if the flat was let as unfurnished (the definition of which I'll not dissect here) did you leave the cooker, fridge, freezer, bed and wardobe at the flat for the Tenant's use or were they just located somewhere else in the flat... being stored there? You have issues here because, if you left them for use by the Tenant then you can't just take them back in a fit of pique. If you left them there, stored, and - by that - I'd mean - the cooker you refer to isn't in the place where the cooker would normally be - but is somewhere else - then you should not be using your Tenant's home as a personal storage facility.

Please be patient and don't act rashly... progress along the proper path to regaining your property and ensure your Tenant pays all arrears. This is a business... property often makes people become so emotional though. You must try to avoid falling into that trap. We all have bad days at work and have to deal with idiots and liars and time-wasters - this is just another facet of that. Don't start making threats to your Tenant in retaliation for them doing what they're doing with the rent. Ensure your Tenant is well aware that if the rent arrears are not paid then you will pursue for a CCJ and it will be nigh on impossible for the Tenant to get a private let again. Even if you do not intend to go through all that, make in very clear to the Tenant that you will.

Quote from: danno82 on March 15, 2014, 05:20:09 PMShe has so put me and the wife off from letting in future. It is so stressful at the moment.

Just want it all over

Hippogriff is right, you have to remember that this is a business.
Because it's a property you own, it feels personal, but it isn't.

If she doesn't pay rent, you can take steps to recover it via the small claims court.
It's a really simple on-line process - however it usually doesn't work (because most people who don't pay you, particularly people on benefits, don't have money, because they spend what they have).
But do it anyway, it makes you feel better!

If you have the energy or are angry enough you keep going through the courts until they get a CCJ against them and they're then completely screwed.
But that doesn't really help anyone (other than any potential future landlords).

Let the process run - after a few weeks she'll be history.
You can be a bit fussier about who you do business with next time - rent the flat to someone who isn't on benefits,
only accept someone who's got good references (maybe even someone you can visit).
You might miss a couple of months rent while you're being fussy, but long term it will be better.

But don't be put off - it's only your work, and you know how work is sometimes.

Thanks for the replies.
Great to get advise, as I have only been letting the flat for 18 months. I clearly have lots to learn. We lived at the flat for 13 years or so and bought it through the right to buy scheme. We moved out in August 2012 and started letting it.
The first tenants to reside there was my wifes cousin and her partner. They sh#t on us big time by flooding the place and the chap downstairs. They also left it in a right state (needless to say, we no longer speak to them). The current tenant is the daughter in law to a friend of the family.

So my lesson learnt is that I'll never ever let it out to someone I know... Big mistake x2!!!

I am going to the council tomorrow with the hope they will pay hb money direct to me. Will they inform me how much hb she gets per month, do you know?
She has rent arrears and also has a previous conviction for benefit fraud. I am also tempted to tell them she works more hours than she claims she does. I will be arming myself with a solicitor, as I can see this getting messy.

So frustrating, but hopefully she'll back down and p#ss off. I've gone past worrying about the rent money due, I just want her out!!!

Thanks again for all the advise... Much appreciated.

Dan

Don't sweat this.

You can find out how much housing benefit someone will get, but don't worry about it.
Evict her and get the flat back.

If you used to live there, it's hard to think of it as a business asset.
but that's what it is.

And don't rent to people you know - there's a reason they need favours!

Quote from: danno82 on March 16, 2014, 06:58:15 PMI am going to the council tomorrow with the hope they will pay hb money direct to me. Will they inform me how much hb she gets per month, do you know?

All in the public domain... http://www.voa.gov.uk/corporate/RentOfficers/lharates/april2013lha.html ...you can also download the monthly rates.

Quote from: jpkeates on March 16, 2014, 07:43:49 PMAnd don't rent to people you know - there's a reason they need favours!

I concur, wholeheartedly.

Update...

Went to the council first thing this morning. They are not permitted to let me know how much housing benefit my glorious tenant receives unless she gives permission (she also works part time). Oh well, that'll never happen. The list above gives me a kind of idea, thanks!!!

They have listened to the fact that she has over 8 weeks rent arrears and are looking into paying rent direct to me until S21 expires (14/05/14). I also highlighted her previous for benefit fraud, so if that aint high risk, I don't know what is... Not going to hold my breath though.

Finally, Is it still beneficial for me to send her a rent arrear reminder, baring in mind she has a section 21 issued anyway?

Dan

I'm no expert, but I thought the amount of LHA a person receives was based on property size (number of bedrooms). If that's the case, then the amount of LHA your Tenant is receiving can be found from that URL I put up earlier... find the local authority and the size of property and viola! (sic) - you have the amount your Tenant is receiving. I was not aware that LHA might be anything but an all-or-nothing benefit... if someone is eligible then they get that applicable rate.

I could be corrected, of course...

It would be unusual for housing benefit to be anything other than the standard rate.
I've never come across that - doesn't mean it can't happen I guess.

The OP is being distracted by this anyway.
If the lease agreement is with the tenant, the amount of rent they have to pay is as agreed - nothing to do with the amount of benefit they receive.
If she short pays, you'll find it hard to get an eviction order (which I suspect is the CAB's point), but she still owes the shortfall - which you can sue her for.

s21 is the way to go unless she's two months in arrears (and short payment is a pain to deal with).

Also got to love local authorities.
We can't tell you now much benefit someone receives (which is published on the web) but we'll consider sending it to you
(presumably only if you promise not to read your bank statements).

I've read and taken in the above amount hb it states for my local council, but because she works 10 hours a week (and the rest), does this not mean she'll receive less hb. And yeah it is laughable, especially if they pay me.
Oh, and I received another text from her last night asking why I am hounding her for rent, when she's already paid me. She doesn't want to discuss with me any more and is apparently taking me to court. Needless to say she hasn't paid a penny this month. And I haven't got in touch since she told me she wasn't paying this month. She started texting me first last night.

Fingers crossed the council will send me the money until her s21 expires in May.

Hope she has a nice holiday next week and doesn't spend all my money at once...

I'm just going to let the notice run and then follow the correct procedures if she remains there.

Thanks again for the great advise I've received. So helpful!!!
Dan

Dan

What you've got there is a professional tenant.
She knows all the wrinkles  - the hounding (which implies harassment which would be illegal) and claiming to have paid is a classic.

You're right not to reply and let things play out.
If it goes to court you can point out that she hadn't paid, but felt that further communication might upset her further as she is clearly confused while going on holiday.

I have huge sympathy for people on benefits generally, but people who play the system to the point they can afford a holiday make me sick.
You remember them and complain about them to your mates (as you should!) and it tars all people on benefits with the same brush.