Can I legally evict a tenant if the housing association stops paying rent?

Eviction notice concept with house icon over money and calendar background.

by Readers Question

9:55 AM, 19th September 2024, 2 years ago 8

Categories:

Advice Guest Authors Landlord News Landlord News Landlords Questions Tenant Eviction

Hi, I have let my property to a Housing Association for about 10 years. They have not been paying me rent for the last 8 months. I have called and emailed them many times. They are not replying to my messages.

I have been to their office on many occasions, but it is always closed. I have been told many landlords are in a similar position to me with rent arrears with this Housing Association. I don’t know if they have closed down or gone into liquidation.

Currently I have their tenant living in my property . My lease agreement is with the Housing Association and not the tenant. Where do I stand legally if I want to evict the tenant and get my property back?

Thanks,

Mohammed

Share This Article

Tags: evict tenant housing association, housing association rent arrears, landlord rights eviction, lease agreement eviction, non-payment rent eviction, property reclaim housing association, tenant eviction process

Comments

Robert M Read Full Bio

Member Since October 2013 - Comments: 1310 - Articles: 10

2:36 PM, 19th September 2024, About 2 years ago

If they are a limited company housing association (as may be the case with smaller housing associations) then you can check their current trading status (active, dissolved, in administration, struck off, etc) on Companies House website.

If they are a Registered Provider of Social Housing (as most large housing associations are), then you can check for them on the website of the Regulator of Social Housing.

If they are a registered charity (some, but not all, housing associations may also be a registered charity), then you could check with the Charity Commission.

If the housing association is a Community Interest Company (CIC) then you could check with the CIC Regulator.

In relation to your ability to end the lease, (and the legal consequences of this), this should be stated in your lease agreement, and you may need to obtain professional legal advice on how to deal with the situation lawfully.

3 Report Comment Reply
Neil Robb

Member Since July 2013 - Comments: 357

6:18 PM, 19th September 2024, About 2 years ago

Talk to your tenant get them to pay you direct

4 Report Comment Reply
DPT

Member Since October 2020 - Comments: 1173

9:46 PM, 19th September 2024, About 2 years ago

If the housing association has dissolved, you may inherit the occupants as your direct tenants. You need to find out asap.

2 Report Comment Reply
Judith Wordsworth Read Full Bio

Member Since January 2015 - Comments: 1447 - Articles: 1

11:02 PM, 19th September 2024, About 2 years ago

Reply to the comment left by Neil Robb at 19/09/2024 – 18:18
The tenant is the tenant of the Housing Association. They have sub-let the property.

I believe that the OP may have no legal obligation to the tenant and the Housing Association is in breach of contract.

1 Report Comment Reply
Robert Sled

Member Since November 2022 - Comments: 41

8:01 AM, 20th September 2024, About 2 years ago

Why have you not told the tenant to start paying you directly?

1 Report Comment Reply
Steve K

Member Since September 2024 - Comments: 2

10:53 AM, 20th September 2024, About 2 years ago

Reply to the comment left by Robert Sled at 20/09/2024 – 08:01
Probably because the contract is with the HSA not the tenant, and if the tenant could afford to pay the rent, the tenant probably wouldn’t be with the HSA in the first place……………….

3 Report Comment Reply
JaSam

Member Since March 2022 - Comments: 142

2:24 PM, 20th September 2024, About 2 years ago

Another avenue is if your insurance company can help with the short fall of rent if they offer “rent guarantee”. (Probably a long shot and chance of success low to no existent)

Report Comment Reply
Bridget Johnston

Member Since July 2023 - Comments: 1

6:53 PM, 20th September 2024, About 2 years ago

Reply to the comment left by Robert M at 19/09/2024 – 14:36
The tenant should be entitled to LHA… Get the tenant to set up A Alternative Payment Arrangement … With the DWP…. That might sort it….. Councils have a duty of care
If its your house tell the tenant to go sign on and get rent rent paid with the LHA.
If the housing association ain’t paying the deals off you need money ….. you won’t get money that housing association will go into administration or get phoenixed

1 Report Comment Reply

Have Your Say

Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.

Not a member yet? Join In Seconds