When a tenant denies being a tenant Huh?

by Readers Question

9:25 AM, 7th November 2014
About 5 years ago

When a tenant denies being a tenant Huh?

Make Text Bigger
When a tenant denies being a tenant Huh?

I doubt lt if anyone here has ever had this problem. I have a tenant 30 yr old Chap that has been renting out a flat for 2 years for £475 per month, his housing benefit was then reduced under new law not to pay under 35s a one bed rate (£450), so Housing Benefit was paid at £250.

This put him in arrears, to the tune of circa £1,500. His friend and son offered to move in so council paid their £550 rate, thus the rent was set at £800. You would think great news for landlord, but the friend tried to intervene to receive the rent from council and they refused and paid me as landlord.

In anger and spite, the friend then phoned council to state that she has NEVER LIVED at the property, and said she only visited her boyfriend at the address (this after signing the HB form stating she lived there). Council suspended payment. Council have not requested payment back.

We have sent in 3 witness statements from neighbours stating they have seen the friend go in and out over the past few months. We have sent a recorded letter to the friend with rent arrears notice today (this should prove she is there). Her and the original tenant’s tenancy started Aug 4th, as council say they have never had a tenant state they do not live at a place (even though they feel she is there). The council have sent officers out twice to check but no-one answers the door.

What do you think I should do?

AAdenial



Comments

Hugh Jass

14:41 PM, 7th November 2014
About 5 years ago

Reply to the comment left by "Rodney Oliver" at "07/11/2014 - 11:23":

Disagree sorry Rodney, out of my total portfolio I have 19 HB tenants. Yes they are more difficult to manage that private tenants, but can be good long standing, hassle free tenants if you vet & manage them property.

All BankersAreBarstewards Smith

15:00 PM, 7th November 2014
About 5 years ago

Reply to the comment left by "Landlord Geoff" at "07/11/2014 - 13:12":

I just called my local HB office and simply asked if a claim was current for a particular property.... I did not ask for any personal data... they said "no" - that should tell you all you need to know......

Rod

16:43 PM, 7th November 2014
About 5 years ago

Seriously, get out of this hole or it' will make you ill, Ive been there. Use s21 as s8 is full of holes, just evict and start again. Remember, there's a difference if section 21 is issued within the rental period as against periodical. Don't ask me why!

Graham Durkin

19:09 PM, 7th November 2014
About 5 years ago

I recently got my flat back on amicable terms when the tenant wanted to leave during an initial 6 months a.s.t. ,I raised a deed of surrender form ,which was duly signed by the tenant and me the Landlord .Coucil were informed the day she was leaving,her H.B. was suspended everybody was happy ,. . got my flat back in good order ,i recommeneded her to her next landlord so there was an incentive for this to work for all parties.my main aim was that she wanted to move so lets make it happen without any loss to myself .oh my new tenant moved in when her H.B stopped at the end of the week

Mark Alexander

20:54 PM, 7th November 2014
About 5 years ago

Reply to the comment left by "Jack Ass" at "07/11/2014 - 16:43":

There was a difference is section 21.4.a and section 21.1.b but now there isn't if the tenancy started on the basis of a fixed period - see >>> http://evicting-tenants.net/case-law/ (Spencer vs Taylor)
.

Rod

22:21 PM, 7th November 2014
About 5 years ago

Reply to the comment left by "Mark Alexander" at "07/11/2014 - 20:54":

Good, let's hope they simplify things more. Trouble is, one gets fedup reading law each time there's a naughty tenant in town!

Industry Observer

11:13 AM, 8th November 2014
About 5 years ago

I'd worry and double check your TDP is solid if she is that vindictive

Michael Barnes

15:44 PM, 8th November 2014
About 5 years ago

AA:

1. Is the new tenancy in 2 month's arrears, allowing S8 Ground 8 to be used?

Anyone:

2. Interesting that the rent went up because HB would cover it.
Could this be considered benefit fraud?

3. The original tenant was in arrears when a new agreement was signed.
Do the arrears under the old agreement allow a S8 Ground 8 notice to be served, or does that require two month's arrears only under the new agreement?

All BankersAreBarstewards Smith

16:03 PM, 8th November 2014
About 5 years ago

why would it be benefit fraud ? the tenant is claiming the benefit not the landlord . Market forces dictate rental levels. I have always charged more (as is my legal right to choose my rental levels) for HB tenants (as they are more demanding and costly than working tenants. How is that fraudulent ?

Rod

11:02 AM, 9th November 2014
About 5 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "08/11/2014 - 16:03":

Although I give new tenants a contract for only 2 months initially
just in case the are trouble, I've heard they CAN'T be evicted during the first 6 months unless they are lodgers. Does anyone know if this is true ?

1 2 3 5

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

PRA stress tests and the benefits of incorporation - With Kate Faulkner

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More