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Tenants Seperating- and wife wants to remain ( but is seeking universal credit)

Started by PSJ, April 26, 2023, 11:55:13 AM

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PSJ

HI All,
I would like some advise on a recent issue i am facing as a new landlord.
My tenants have been good tenants and have a contract from Jan to July 23 with both husband and wife on the contract with a guarantor as well.
Now they are seperating and wife wants to stay in the house with the kids.
She is now going to claim universal credit ( I have nothing against but I am concerned to some degree because of what I have heard)
I have said to them - I am happy for you to stay as long as you keep the property maintained and pay rent on time.
They are both on contract and it does not matter if they stay together or not as long as above 2 conditions are satisfied.

Husband wants to be taken off the contract ( which I am not happy about)
I have told them that I am happy for the wife to stay with the kids as long as the contract remains the same - if not then I will need to do a new contract and she may not pass the affordability ( i.e. I will have to issue her with a 2 month Section 21 notice)

I want to be helpful to her in this difficult situation but I am concerned that she may not be able to pay the rent.
What should I do in this case - should I ask her to pay the universal credit directly to me to have a safer net- preventing non-payment of rent.

Any advise would be welcomed.
Thank you

jpkeates

If the tenancy is periodic, and the husband serves valid notice, the tenancy will end for both of them.

If the wife can't afford the rent, the situation doesn't work for anyone. Universal credit won't pay the market rate, it'll pay the LHA mandated rate. If you have the rental element of UC paid direct it will still be paid in arrears and four weekly (not monthly) and be subject to review/ suspension. If it turns out there's an issue with the tenant's entitlement to UC, you'll be required to repay the money, and the tenant can stop the direct payment at any time.

UC works for lots of people, but go in with your eyes open.

The wife may be a bit optimistic about what she might actually get.

Hippogriff

And UC does not like to pay the Landlord directly.

They can. They will. But it might need to have some kind of proof the Tenant has a track record of not managing their money (i.e. when it comes to them they repeatedly spaff it up the wall on crack). If the wife is just going onto UC then that history simply might not be available... so there may be reluctance to pay you direct. Along with all the other stuff... delays, arrears, lower than market rate etc..

But if you do manage to reach a steady-state you're satisfied with, then the Government is a very reliable payer obviously.