Friday, 25 May 2012

Problem tenants

Posted in: Need to Know | Ask the Experts

16/12/2011 12:55 pm

wendy allen

wendy allen

Posts: 12

My tenants started caliming LHA housing benefit in September, payments have been made direct to them but they have not paid me. I have contacted the LHA after arrears got to 7 weeks , they suspended payments and now they have asked them to to contact LHA. I am owed over a £1000. I only rent the one property which was my former home and immaculate throughout. I have started section 8 proceedings but am aware this will take months to get a court date. I feel I am in a no win situation as I pay morgage on this home and now I am financially struggling. I have read some views on private landlords reeping benefits etc, but trust me there are 2 sides to every coin. I will never rent my home to DSS again, as this system is appalling. Landlords have no rights as far as I am concerned. I am owed money and they are still allowed to live in my house until I can legally get them out which will again cost me for court fees. The system is wrong, its my property yet I dont have any legal rights. Tenants are allowed to breach tenancy aggreements yet we cannot do a thing.

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Anonymous

Anonymous

16/12/2011 1:38 pm

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wendy allen

wendy allen

Posts: 12

16/12/2011 1:54 pm

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F451

F451

Location: Europe
Posts: 181

16/12/2011 2:00 pm

Probably a silly question, but knowing that some councils can take a long while to process a claim, and then it is paid in arrears, is it possible that the outstanding funds have not been paid to the tenants either?

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F451

F451

Location: Europe
Posts: 181

16/12/2011 2:05 pm

Sorry to double the posts Wendy (I hate it when others do that) but as an after thought on your 'never to LHA tenants again'

How will you ensure that as anyone could find themselves claiming LHA - indeed it seems these tenants did not start out as needing LHA. Can you have a clause in the tenancy that says automatic eviction if you claim LHA?

Similarily - if you had a tenant who was not supported by LHA who withheld payments would you refuse to let to non-LHA tenants in future as a reprisal also?

There is a contract between the two of you, they have broken it, you are now enforcing it. Where is the problem exactly, in terms that did not exist when you started this business venture?

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Derren Cooper

Derren Cooper

Posts: 36

16/12/2011 6:03 pm

Wendy, please ignore the comment from the anonymous first poster, I honestly think that was well out of order.

F451 raises a good point about claims taking some time, but I gather from your comments about payments being stopped, that this is not the case this time.  As for not renting to non LHA, it's going to be difficult to be able to terminate your tenancy if they lose their job after having moved in.

I'd rather you didn't stop renting to LHA tenants as there is going to be a growing demand considering the current economic climate, but your reaction is not too dissimilar to those that we saw a few years ago in the early 80s and early 90s, when we were in a similar situation.

I can't offer advice on your current situation, but if you're willing to rent long term, you can consider approaching a housing association, who will sign a fixed term contract to pay you rent whether the property is let or void, and will have to agree on the standard the property can be returned to you.  The rent might not be as high, but it takes the worry and the hassle out of it for you.

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Jono

Jono

Location: England
Posts: 54

17/12/2011 8:43 pm

@Wendy - Private Landlords are a favourite pantomime villain of some posters to this site. Usually this includes F451.

You didn't say how long they have been tenants; it may be that you could consider accelerated possession (Section 21). In future, consider serving a section 21 notice early on as a precautionary measure. The only grounds the tenant has for disputing accelerated possession is if the Section 21 notice is incorrect. You can then evict them at the end of six months (provided you follow the procedure correctly) on any grounds.

Unfortunately this does not protect you against arrears - you will need to pursue a Money Judgment.

The only advice I can give is to make sure you properly check the tenants up front (via credit checks etc which you should charge the prospective tenants for). Also, make sure the deposit is sufficient given the risk - for instance I have friends who let to students and routinely ask for six months deposits upfront otherwise its just too problematic.

Hope this helps - and please ignore the first anon post you received. IH has many contributors - ranging from the valuable to the loonies.

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Jono

Jono

Location: England
Posts: 54

17/12/2011 8:49 pm

Just a clarification - the Section 21 notice has to give the tenants at least two months, but you cannot evict them within the first six months under this process. Once the notice period ends (or the first six months of the AST is up depending on when the notice is served) you can then proceed with accelerated possession.

There are a lot of resources which outline the process available online.

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wendy allen

wendy allen

Posts: 12

18/12/2011 10:00 am

Thank you Jono

Tenants have been in for 9 months now so tenancy is now periodic. I have served a section 8 on grounds 3 10 and 11. Basically, they have been paid full rent from LHA and kept the money for themselves, just wish the court process was quicker as they will stay in the house until I evict and this takes time. I could understand if I was a nuisance landlord, but the house is well maintained and I have only made 1 inspection in this time. Now my tenants chose to ignore letters etc so no contact whatsover and If I go down to the property to try and discuss , I could be accused of harrassment. I appreciate that tenants need protection but I feel the scales have now tipped totally in the tenants favour leaving us landlords high and dry.

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Anonymous

Anonymous

19/12/2011 10:27 am

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Anonymous

Anonymous

22/12/2011 1:01 pm

We are going to see so much of this when the switch is made to paying tenants HB directly, we have no hope of ever seeing that money.

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wendy allen

wendy allen

Posts: 12

22/12/2011 1:09 pm

Update

LHA sent me a letter to day stating they sent an officer to visit tenants, who would not answer door so have now sent them a letter stating they must contact me directly to rectify these arrears and they must contact LHA by 12th January. The letter telling them to contact me was sent on 16th December and I still havnt had a call from them. Just hope LHA prosecute as the people have used tax payers money for their own gain.

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Anonymous

Anonymous

22/12/2011 2:32 pm

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Anonymous

Anonymous

22/12/2011 5:24 pm

Wendy you have more restraint then I. I would have put the door in a long time ago.

PS I wish the bleeding heart liberals that seem to inhabit this forum that seem to think landlords are all crooks a bad Christmas....after all Jeremey Kyle isnt on is it?

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F451

F451

Location: Europe
Posts: 181

23/12/2011 9:36 am

Quite so nonny - Christmas wouldn't be Christmas without a private landlord turning away a heavily pregnant young lady and her husband, before renting them a space in a filthy stable at 80%MR!

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Anonymous

Anonymous

23/12/2011 10:41 am

There are good tenants and bad tenants. There are good landlords and bad landlords. Some people on these forums seem incapable of understanding this.

This one sounds like a case of a bad tenant. How ridiculous of one poster to suggest that it is somehow the landlord's fault if the rent isn't paid because they should have taken out 'insurance against loss of income'.

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Anonymous

Anonymous

23/12/2011 10:54 am

Correct Nonny - although do you not think it also ridiculous to refuse any future tenant claiming LHA because of the actions of one tenant, ignoring that anyone may withold payment regardless of their income source.

Reactionary comment is rarely helpful - but how the propertied whinge if the reaction is against them!

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Anonymous

Anonymous

23/12/2011 12:36 pm

Yes, I do think it is also ridiculous to refuse any future benefit claimants on this basis. I know from bitter experience that tenants who are not in receipt of benefit can be just as bad, if not worse, at paying the rent.

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Anonymous

Anonymous

23/12/2011 1:14 pm

So politely, the stance taken by the originating private landlord is ridiculous. Does not the attack by the landlord on a social class therefore not merit the response in kind Nonny?

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Anonymous

Anonymous

23/12/2011 1:46 pm

Make sure you also persue a money claim via the courts which will result in a CCJ against the tenants. Even if you only get £1 per week back though this method it's worth doing it because it will stop these criminals from being able to get hold of another decent private rented flat via letting agents. They will then only be able to go to the LA who will find them intentionally homeless. This will mean that they reep the misery they sow upon others.

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Anonymous

Anonymous

23/12/2011 1:48 pm

If you want revenge ensure that the CCJ happens!!!

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tags Accountability, advice, affordable housing, Allocations, antisocial tenant, arrears, Best Practice, care and support, careers, comment, complaint, council, councils, discrimination, discussion, eviction, HA renting, help, homelessness prevention, Housing, housing association, housing associations, housing policy, rent, urgent

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