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?

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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

Kulasmiley

20:18 PM, 11th November 2014
About 5 years ago

Robert, I made a mistake on the figures when I posted this, the updated rent is £780. I have spent £1,500 updating the property, new resurfacing of an added garden area of 80 sq metres, logged out and fenced all around. Brand new boiler and radiators put in. The guy tenant had blocked up all the rear drains with mud and cement, I had to have it rodded, muck everywhere, he also kicked a water pipe creating a massive leak throughout. I spent thousands there. I have lost circa nearly 2k over the past year as I DID NOT want to put this guy on the streets. I did not serve Sect 8 for rent arrears as I realised he could not pay this. Yes I did serve Sect 21 but he said he found someone who was willing to move in and who was desperate for a place with a child. To judge me? There are HMO's out there that offer a basic place to live in. I am a charity for accommodation, I help genuine vulnerable people. How do I recoup my losses from this, utilizing what advice I received from the council in regards to these tenants. I have this week housed a man and his 10 yr son who were homeless, and I let them off the rent for 5 weeks and let them stay in a property before I put my claim in, why you ask?? because to claim when the property wasn't habitable was not the right thing to do. So I gave them a large room with heating cooking facilities and separate bathroom, paid the electricity, gave them £30 for food, and not charged them a bean. Trust, human nature, believing in someone who needs my help. I am logging off now so please don't bother replying or commenting as I am a bit upset. I won't be logging on back for a week, I think we all need some ...space and I need to get kip to be up at 6am to lay carpets for my new tenant and his boy.

Robert Mellors

21:37 PM, 11th November 2014
About 5 years ago

Reply to the comment left by "AA Properties Wales " at "11/11/2014 - 20:18":

I'm sorry if my comments have upset you, that was not my intention. The intention was to advise you (and any other landlords reading this) to be careful about possibly falling foul of the Housing Benefit rules. I commend your intention to help people get decent housing and your reluctance to evict tenants, but I have personal experience of trying to help a family stay in accommodation (about 5 years ago) by upping their rent to the maximum I could get from Housing Benefit, and it was not as big an increase as you have done, and the Council decided that it was a "contrived tenancy", and stopped the HB claim completely. We appealed, but because the "contrived tenancy" rules are so vague the Council have wide discretion to decide this, even if you can justify the increase. I lost several thousand pounds trying to help that family. Hence, my experience of this has made me very wary of such possibilities, and as this is a forum to share knowledge and experience to assist all member landlords, I felt it right to warn of this possibility. My comments were for that purpose, to try to help other landlords, so I'm sorry if you have taken the comments as a personal criticism, I merely wanted to stress the possible danger of big rent hikes.

Kulasmiley

19:01 PM, 12th November 2014
About 5 years ago

Dear Robert, thank you for your apology, it's very much appreciated. If we don't share our experiences and work together for the common good, then we don't learn as a human being. I wasn't going to come back on the site, but I needed to "man up"! The HB dept advised me of the entitlement. Anyway Robert, much more has gone on today where I have been informed by good sources in the street that the reason the girl will not agree she lives there is that the other guy (jointly) are selling illegal stuff, so I'm working with the police on this. So I've been duped by both of them (I'm awaiting a Shelter Cymru letter to come). More drama, more money lost.

I have sent 14 day notice of arrears to Nov 24th, if nothing gets paid by then I start CCJ and issue Sect 8. Tenancy started Aug 4th (6 months) so I am also issuing Sect 21 form tomorrow 13th Nov 2014, date of expiry on form 14th Jan 2015, (two months and an extra few days). I require possession on date after Feb 5th 2015. If I've got this wrong through all this drama, please anyone let me know. I have spoken to Sheriffs Office here and they are waiting on the developments.

AA - Kevin

Mark Alexander

19:09 PM, 12th November 2014
About 5 years ago

Reply to the comment left by "AA Properties Wales " at "12/11/2014 - 19:01":

S21 date must be Feb for min 6 months to apply from 4th Aug
.

Kulasmiley

19:18 PM, 12th November 2014
About 5 years ago

Hi Mark, so my expiry date and possession date for Feb 5th should be the same?

That's great news about Alex at Milton Keynes!!

Kev -AA

Mark Alexander

19:27 PM, 12th November 2014
About 5 years ago

Reply to the comment left by "AA Properties Wales " at "12/11/2014 - 19:18":

Yes and Yes 🙂

Glad you're sticking around BTW
.

Hugh Jass

19:28 PM, 12th November 2014
About 5 years ago

Kevin- why wait until the 24th of November to issue the ccj? Go online and get it done now. You know they wont pay you. Once the ccj is registered hand it over to debt collectors. If you're anywhere in south Wales then Andrew James are good...They'll soon shake them up !

Kulasmiley

23:25 PM, 12th November 2014
About 5 years ago

Reply to the comment left by "Hugh Jass" at "12/11/2014 - 19:28":

Hi Hugh, the reason is (I think) that I have sent them 14 day notice to comply ie, pay their arrears. If I just go ahead and do the ccj it might look as though I never gave them arrears notice. .Thoughts?

Mark Alexander

23:31 PM, 12th November 2014
About 5 years ago

Reply to the comment left by "Hugh Jass" at "12/11/2014 - 19:28":

Decided your member profile needs an Avatar, hope you like it 🙂 LOL
.

All BankersAreBarstewards Smith

23:34 PM, 12th November 2014
About 5 years ago

Mark - oohh the irony of Hugh's new avatar lol

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