Tenant Owes 6 Weeks Rent on room in HMO and has moved someone else in

Tenant Owes 6 Weeks Rent on room in HMO and has moved someone else in

12:32 PM, 20th October 2014, About 7 years ago 17

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I have a tenant who hasn’t paid rent for over 6 weeks. Tenant Owes 6 Weeks Rent on room in HMO and has moved someone else in

She is a single mother with a child under 4 years old, she rents one room (upstairs) in the house and shares facilities such as the kitchen, bathroom, and downstairs WC. She told me she can’t afford to pay rent as she only works one day, although I suspect she works 5 days a week. I think she is desperate for a council house and wants me to make her homeless, she mentioned wanting a council house, so now I am lumbered with this woman.

I have a signed AST agreement with her, which still has 5 months to go on it.

I have provided her with a rent book, she is suppose to pay rent weekly.

I have a schedule of arrears.

She paid no deposit.

I sent her a polite letter asking her to pay her arrears, I have proof of postage, although not recorded delivery, as I thought she might not accept the letter. I also handed her a letter by hand.

I do not live in the property.

I also suspect she has another lady living with her, who I have spotted a number of times coming in to the property every evening, over the last 4 weeks. So she, her son and another lady live in one room, which doesn’t seem right to me. I didn’t agree to 3 people sharing one room.

What can I do?

What are the most likely outcomes of such a situation?

I am stressed out.

RJ Peterson

HMO



Comments

by Kulasmiley

23:22 PM, 21st October 2014, About 7 years ago

When you help vulnerable tenants the council always treat landlords differently and I try my best to help. If your tenant islliving there the council should pay her HB rent if she is signing on

by Eviction Group

18:12 PM, 23rd October 2014, About 7 years ago

Did I get it right that T is only six weeks in arrears. If so wait until 8 weeks in arrears before service of sect 8 or it will fail.

by Arran Pritchard

8:52 AM, 25th October 2014, About 7 years ago

Housing Benefit - Local Authority must pay direct to landlord at or after 8 weeks arrears, or Local Authority may pay direct to landlord before 8 weeks arrears if (you can show via a rent schedule) the tenant is failing to keep up with payments.

Income Support - DWP must make deductions at or after 4 weeks arrears, of £3.65 per week to repay rent arrears and pay this direct to landlord.

Income Support - DWP must make deductions at or after 4 weeks to cover ongoing service charges per week and pay this direct to landlord.

This legislation to safeguard the tenancy and avoid eviction due to rent arrears.

Usually a HMO landlord will includes all the bills in the rent ? these bills (except for council tax) are service charges.

References:
https://www.gov.uk/government/publications/how-to-request-deductions-from-benefit-a-guide-for-creditors

Regards
Arran.

by Eviction Group

9:23 AM, 25th October 2014, About 7 years ago

Reply to the comment left by "Arran Pritchard" at "25/10/2014 - 08:52":

Thanks Arran, very useful. I have had clients with horror stories about the hoops they have been made to jump through by some Councils when trying to get rent paid direct. Thanks for the reference.

by Arran Pritchard

14:21 PM, 25th October 2014, About 7 years ago

Reply to the comment left by "Eviction Group" at "25/10/2014 - 09:23":

The legislation itself

The Social Security (Claims and Payments) Regulations 1987 - SECTION 9 para 5 (1) (c)
http://www.legislation.gov.uk/uksi/1987/1968/schedule/9/made

The Housing Benefit Regulations 2006 - PART 12 para 95 and 96
http://www.legislation.gov.uk/uksi/2006/213/part/12/made

by Eviction Group

14:26 PM, 25th October 2014, About 7 years ago

Thanks again Arran. Saved for future reference

by Neil Robb

19:19 PM, 25th October 2014, About 7 years ago

Hi RJ

I have a few HB tenants and when they put in there claim there is a part of the form the landlord must fill out and send in to the housing Dept. I would ask who filled it out and signed it. This could be fraud and a criminal act committed by the tenant.

I would have thought this would have been the same in England as it is in both Scotland and Northern Ireland,

The form asks if you want payment made directly to you or the tenant now I it know that may be different in England. But if a tenant is considered vulnerable the payment can be made straight away to the landlord. If the tenant has issues and has difficulty paying bills in the past etc.

Every tenant is allowed to have guest visit but not basically move in contact the council and tell them you fear for health and safety that you suspect that your tenant is allowing a unauthorised person to stay in the room with a child and you do not want to be held responsible if there was a fire (over crowding) your insurance may not cover you if they can prove the property is overcrowded or not an HMO and unlicensed . Explain they refuse to talk to you and answer your questions. Tell the council you have concerns and you do not want to break the law. If your tenant gets a visit from a council they might just improve there behaviour or move on. Keep a record when you know she is there.

If a tenant does not pay rent and is evicted the council will consider they made themselves homeless and do not need to house them so by not paying rent will not help her case. But this will cost you.

I like you take people at face value but sometimes it is better to have an empty room than a bad tenant. Do not think you will sort this out easy looks to me you tenant knows exactly what she is doing in not paying rent. And her friend staying there free as well.

If you know where she works go to small claims court and seek a judgement on her wages you wont get much but at least you will get something. She may claim only to be working one day a week for her benefit's but if she is working five she could be making fraudulent benefit claims.

Most importantly do not take this personally you can do all the reference checks and credit check and it can still happen. It is a part of letting we all will have to deal with at sometime. People tell lies to get what they want, and some fall on hard times through no fault of there own.

I would like to know when you get it sorted. Follow Marks advice act now do not let it go on. As you will have to pay someone in the future anyway. If you tenant feels she is getting away with her behaviour now why should she move she is on to a winner living there rent free. Never show her emotion and always act calm and professional.

When your away from the tenant let your feelings out then. I hope this helps.


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