S21 notice/Rent arrears/repossession order?

S21 notice/Rent arrears/repossession order?

10:25 AM, 7th March 2023, About 4 weeks ago 45

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Hello, I have a question: My tenant is in rent arrears by 6 months and those arrears now stand at £9,600. I have served the tenant a S21 notice followed by a repossession order.

The council pays the tenant £1,875/month towards the rent. The council is also aware that a S21 has been served.

Is it fair for the council to continue to hand over £1,850/ month towards the rent when the tenant is holding back that money?

Regards,
Dave


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Comments

Karen Dodd

11:17 AM, 7th March 2023, About 4 weeks ago

Contact Universal Credit so rent is paid directly to you. I'm experiencing the exact same scenario. Just waiting for the bailiffs.

Tim Rogers

11:23 AM, 7th March 2023, About 4 weeks ago

If I remember correctly, after 2 months non payment you can apply to have the rent paid direct to you.

Ensure you have the pre letting inspection report and photo's available to back up any claim against the tenants deposit you may need to make for damage etc.

Be prepared to get a CCJ for the missing rent and an attachment of earnings order to ensure it's paid.

DSR

11:24 AM, 7th March 2023, About 4 weeks ago

if the rent is paid by HB by the council then get onto them sharpish and state that the only reason for the eviction is due to rent arrears. If they are a family (and you dont have an issue with them staying if the arrears are paid) then its far cheaper for the council to pay the arrears then have them back on their housing list. Play the caring considerate 'only doing this to help the tenant' and you might just get them to help.
If this happens get HB paid to you directly as part of the deal to keep them on.
Use the council - just make it look like its in their benefit and they may take the bait.
After all settled if you still want them out S21 while you still can.

DSR

11:25 AM, 7th March 2023, About 4 weeks ago

Reply to the comment left by Tim Rogers at 07/03/2023 - 11:23
absolutely no point if they are on benefits. Costs you more to get nothing back.

K Anon

11:35 AM, 7th March 2023, About 4 weeks ago

We found they only have to tell universal credit it's in dispute and UC do nothing more. Get tenant out ASAP and accept you'll probably get nothing back.
Like DSR said, no point if they are on benefits.

Judith Wordsworth

12:37 PM, 7th March 2023, About 4 weeks ago

Reply to the comment left by Tim Rogers at 07/03/2023 - 11:23
You can also get an attachment to benefits order as well as earning order

Bill irvine

12:54 PM, 7th March 2023, About 4 weeks ago

Firstly, you need to establish who is paying the housing costs.

If, as you suggest, it’s the Council, apply for redirection of the housing benefit under regulation 95 of the HB regulations 2006. This creates a statutory obligation on the part of the Council to pay you. You also, as a “person affected”, have a statutory right of appeal if your request is refused, during which payment of HB should be suspended, pending an outcome to the dispute.

Contrastingly, if the housing costs are being paid by Universal Credit, apply for “direct payment” using the online facility. Regrettably, this scheme is discretionary and is operated poorly by DWP. If your request is refused, you should complain to your local Service Leader contact. Details can be found by Googling JCP service leader and area Director contacts.

Tim Rogers

13:32 PM, 7th March 2023, About 4 weeks ago

Reply to the comment left by DSR at 07/03/2023 - 11:25
completely agree, hence 'be prepared', however, on occasions folks do go back into work. (not often I know).

Also, as Judith mentions, an attachment of benefits order is possible.

David Houghton

16:20 PM, 7th March 2023, About 3 weeks ago

Reply to the comment left by Judith Wordsworth at 07/03/2023 - 12:37
Really? At a meaningful rate?

Chris @ Possession Friend

16:52 PM, 7th March 2023, About 3 weeks ago

Moral of the story ( as is my advice to all landlords ) Only rent to those with an acceptable Guarantor.

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