UK Landlord Forum / Life

Just submitted s8 Court papers for possession and nightmare DSS tenant, who owes £4,281.88 for non-payment of housing benefit rent shortfall and an overpayment from 2013-14 notified last December and she gives me 5 days Notice of Vacating.

Tells me if I cannot be there on the 17th July then she will shut the door and throw the keys inside. Wonderful and yes I want her out but have jumped when she says jump since 2010.

Do I draft a Deed of Surrender? Is this ok for the moneis owed bit? Anything I should add or leave out?

3.1 The Tenant confirms that she will pay to the Landlord the sum of £4,281.88 being the rent arrears accrued from 26.2.2018 for non-payment by The Tenant of the shortfall between her Croydon housing benefit award and the rent payable;  the overpayment of her Croydon housing benefit award 4.11.2013-23.3.2014 and the Court fees incurred for the MoneyClaim on-line reference E8QZ6J08 and application for possession under s8 Housing Act 1988 as amended by section 151 of the Housing Act 1996, section 97 of the Anti-social Behaviour, Crime and Policing Act 2014, and section 41 of the Immigration Act 2016.

3.2 The Tenant and The Landlord agree that the deposit should be released to The Landlord in full from the relevant statutory custodial tenancy deposit scheme to reimburse for damage by The Tenant to The Property; to The Property's chattels, Fixtures and Fittings; to The Property's carpets and for the loss of items purchased by The Landlord for use by The Tenant.

3.3 The Tenant and The Landlord each release and discharge the other from all liabilities, claims and demands arising under The Tenancy  other than monies owed by The Tenant to The Landlord as identified in 3.1 and 3.2 .

Chattels? What is this, 1870? 

We should all aim to use clear English rather than just crib stuff. It benefits everyone. You don't exactly need a Deed or Surrender - although it might be nice - as the fact the Tenant is handing over the keys will serve as enough evidence that the property is being surrendered (try to receipt the keys). If you are nervous the Tenant may come back then dot the is and cross the ts, as suits you, but if not and you're comfortable the Tenant will be gone - just take the keys back, and then get the locks changed (whichever way you feel)... which is a bit of extra expense but should give you the peace of mind.

Do you suspect you'll get the shortfall arrears?

I would say be sure to be there on the 17th to take the keys and put no hostility barriers in the way until you get the keys. Your first priority must be to get possession. I must say that in my experience chasing Dss tenants for back rent is just throwing good money after bad.
I like to get them to sign a note saying tenancy surrendered on such a date, then you have proof for such things as council tax and utility bills if their is dispute.

Thanks for your replies.

If I don't get payment from the tenant, and probably hardly likely as she has emailed to say "nearly everyone in this country is in debt and it's not criminal to be so", I  have also put a trace on her guarantor as he has recently moved and will go that route as well as enforceing her CCJ which was granted last week.

Bring back Debtors prisons lol.

Set a limit on how much money and time you are prepared to expend.If she and the guarantor are "men of straw" you will get no money.Infuriating I know,but maybe a lesson about the sort of tenants to avoid from now on.There are exceptional circumstances,but in general able- bodied people of working age should not need Dss support longterm.If they do,it could be a warning about their attitude to financial responsibilities. 

Quote from: Jude098 on July 15, 2018, 11:06:17 PM"nearly everyone in this country is in debt and it's not criminal to be so"

This is true, but the Tenant appears to be [mistakenly or intentionally] conflating the concepts of debt you are servicing and debt you intend to ignore. The issue we all have is that if you're at the bottom end of society and pretty feckless then any kind of judgement against you is gonna end up being like water off a duck's back. There's no way they'll get out of the trap they're in, anyway, so why bother to try? At least I think this is the mindset. The threats of CCJs / bankruptcy etc. will only matter to those who'll care about the negative consequences of that. You only have to look at sites dealing with consumer debt... they're on focused on the well-being of the debtor - they give out lots of helpful advice about how it's OK to say to creditors how they can't force them to do this or that, about how a creditor can't force you to pay more than you can afford if you offer reduced payments... there's hardly any text out there that expresses how important it is not to take on unmanageable debt in the first place and how you should be personally responsible for your own decisions.

I was taught really basic financial awareness at school - stuff like how to write a cheque - so it's not like I had a leg-up on everyone else who's a nincompoop. It must just come naturally to some of us and be completely beyond others. I enjoyed my rant.

I enjoyed your rant too,totally agree.I also get frustrated by friends who are constantly getting their adult children out of debt,never letting them experience the consequences of their actions.One has his parents scared to refuse by threatening suicide.Rant over.