Guarantor not paying rent and bailiffs are backlogged?

by Readers Question

11:31 AM, 26th October 2016
About 4 years ago

Guarantor not paying rent and bailiffs are backlogged?

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Guarantor not paying rent and bailiffs are backlogged?

My tenant who is on benefits is in arrears and the guarantor is not paying the rent. Do I take legal action against,the tenant or guarantor?debt collection

I have been granted order of possession by the court and the council have told tenant not to move out until a bailiff knocks on the door.

I have now applied to the court for bailiff but understand Bow county Court has a 4 – 5 months backlog for a bailiff to be sent.

What should and can I do about recovering rent arrears please?

Karuna


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Comments

Ravi gupta

13:02 PM, 27th October 2016
About 4 years ago

Reply to the comment left by "Karuna Sivajoti" at "26/10/2016 - 19:30":

Hi Karuna,
You can hire a solicitor, but, please remember you will not be able to claim the expenses of a solicitor, as, it is a small claims court and a small claim under £10,000.00

Karuna Sivajoti

8:27 AM, 28th October 2016
About 4 years ago

Thanks Ravi,I'll bear that in mind.

Colin McNulty

8:58 AM, 29th October 2016
About 4 years ago

> "the council have told tenant not to move out until a bailiff knocks on the door."

Ooooh this gets my goat! Take a read of this article, download and print the letter, then arrange to see the manager of your council's housing team to discuss this case and ask why they're going against government guidance and explicit instructions of the (last) Housing Minister:

http://www.landlords.org.uk/news-campaigns/news/housing-minister-writes-councils-over-evictions-advice-following-nla-pressure

Gary Nock

9:57 AM, 29th October 2016
About 4 years ago

Colin I tried this with one of my last evictions. "Its only guidance - not law".. said the bureaucrat...and "we choose not to follow it.....we have enough problems trying to house everybody else let alone those evicted by private landlords"

Colin McNulty

10:22 AM, 29th October 2016
About 4 years ago

Reply to the comment left by "Gary Nock" at "29/10/2016 - 09:57":

It's outrageous Gary that a public servant can instruct a tenant through threat of homelessness (the council won't house you if you leave) to ignore a court order for possession on a specific date.

What's even worse is the new Homelessness Reduction Bill which was going to close this council loophole, has just been changed to do the exact opposite and completely legitimise it!

https://nlauk.wordpress.com/2016/10/24/homelessness-reduction-bill-changed-and-its-bad-news-for-landlords/

Gary Nock

11:24 AM, 29th October 2016
About 4 years ago

Just read the link Colin. So let me just get this right. The government doesn't have enough houses, and can't build enough. So it relies on the PRS. So it then kicks the living daylights out of it in tax and stamp duty changes. Mm. Well done George. Then to make it even worse they change the latest version of this bill so it legitimises tenants ripping off landlords by staying there for nothing and costing landlords thousands. And we need to house an extra 330, 000 a year nett immigration and thus need an additional 1.8m rental homes by 2025.

Joined up government. Don't you just love it.

Kate Mellor

13:32 PM, 31st October 2016
About 4 years ago

Reply to the comment left by "Gary Nock" at "29/10/2016 - 11:24":

This is my major gripe too Gary! If we are providing a valuable and necessary service to support them by providing housing to benefits tenants, you'd think they'd want to work with us to keep those tenants housed in the PRS. That they'd speak to us NICELY (not like the proverbial under their shoes), that they'd offer helpful advice and information to aid us in obtaining funds rightfully due; that they'd stop taking back overpayments made direct to landlords because of fraud by the tenant (not our fault) etc etc. All this would be one whole hell of a lot cheaper for the council than paying for endless B&Bs and funding expensive council-housing provision! Short-sighted Numpty-ism, Not-Joined-Up thinking...in short - infuriating & nonsensical 🙁

Gary Nock

14:50 PM, 31st October 2016
About 4 years ago

Kate in 14 years I have had one benefits tenant by default when her and her partner split up. In those days (2005) it was paid direct.She started working without telling HB. Then the HB direct payments stopped and HB wouldnt tell me why except that I owed them £1200 in alleged "overpayments" Nice of them. 5k later she was evicted. She paid me back over 5 years after numerous appearances in County Court and an attachment to earnings order. From this I learned the following:
1.Do not ever ever have benefits tenants;
2. On the tenants I do have get rent insurance guarantee. It costs me £75 per year per property. A bargain.

By following these simple rules guess what? No more tenant debts. No County Court. No stress. And the LA contacts me now and again to ask if I would be interested in housing some of their tenants. I just laugh and put the phone down.

Kate Mellor

16:31 PM, 31st October 2016
About 4 years ago

Such a wasted opportunity on the council/governments part... If they looked after landlords a little (a LOT) better, there would be a far greater incentive to accept HB tenants (there are some excellent ones out there, I have a few), but obviously once bitten, twice shy.

Karuna Sivajoti

19:23 PM, 31st October 2016
About 4 years ago

Completely agree with Gary,there is no way I would accept a housing benefit tenant again.

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