UK Landlord Forum / Life

Hi...I have a long term tenant (13 years since Jan 2007) who has always paid on time despite being on housing benefit for 10 years or so, however after failing to inform of a loss of pension credits and not receiving the review form, they stopped his housing benefit payments for 3 months before he realised. He now has to go on universal credit and has had to borrow money to pay until now, but told me the day before the rent was due on 1st July (as I was calling him to arrange a repair), that he couldn't pay it. The rent is my sole income. He is a pensioner with a young wife and 2 kids so has more money coming in than me. He has been far from pro active in sorting the situation out due to naivety and ignorance I think and I have run around trying to fix the situation for both of us. I emailed district councillors in the end which sped up the appeal process and he has now made a claim for UC after accepting he has messed up and going back on HB is not an option.There is a guarantor (73 year old sister) and the guarantee says it applies to any extension or subsequent tenancy but he had borrowed from her and didn't feel he could ask for more. I have pushed him to request an advance payment on his UC but told him that if I don't get the rent in the next couple of weeks, he or I will have to get his sister to cover the rent. The fixed term lease he is on runs until 3rd February. I am worried about his head in the sand attitude and what is to come, so is there any reason why I can't or shouldn't move to a periodic tenancy - ie let it lapse to a rolling when the time comes, assuming he is up-to-date by then? Presumably as he is already a tenant and has been behind, the DWP can't object and refuse to pay any rent increases in the future? Or should I call it quits at that stage? I understand that the 3 month notice and due to Coronavirus and the closure of the courts, means it would take months to get the house back so realistically it might not happen before then anyway if things do turn sour. Presumably the guarantor would still be liable on the periodic? Also worried about s21 requirements and my lack of proof that they were given the gas certificate by the then letting agency. The deposit was moved in to my name in 2017 and I provided the How to rent document, but can't prove he was given it. I am also not clear on the process re rent increases on periodic, whether a signed letter would suffice for UC purposes, or how to end the tenancy if there is further trouble thereafter? And what would happen when I wanted to sell the property in the future? Sorry for all the questions, but none of these issues were on my radar until now and now they very much are.....any help or suggestions would be much appreciated.

Maybe a bit of slack and some help? Obviously there's a bit of heavy-lifting at the beginning of setting up a claim... but once it's established you should be golden for the foreseeable future. Once it's done and dusted the Council are the most reliable payer out there, right? You've had 13 years of no trouble... and seem to be freaking-out because some old dude has had a bunch of changes going on around him he might've struggled to get on top of straight away... sure, it's not your responsibility, I absolutely get that... and maybe you've already gone above-and-beyond... but you're in it now... why not see it through and get back on an even keel?

It seems like you have a few admin. issues with your tenancy anyway... maybe it's best to let sleeping dogs lie from that side... maybe get everything sorted financially... then commence a new fixed term tenancy (as I read you probably do regularly?) and ensure all your admin. is fine and dandy... then let it go periodic and make further decisions then. Rent increases can be done via agreement (always best)... but don't expect UC to pay more just because you're charging more - you can just decide you want more (from all of us)... it must come from a "top-up" from the Tenant.

Quote from: maddyd on July 09, 2020, 04:09:12 PM
Also worried about s21 requirements and my lack of proof that they were given the gas certificate by the then letting agency.

As long as you've provided a gas certificate every year, I doubt it would come down to a question of proving what did or didn't happen over a decade ago.