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

23:41 PM, 12th November 2014
About 5 years ago

Proof that Landlords DO NOT SLEEP LOL! Oh the hours we put in.....zzzzzzz

All BankersAreBarstewards Smith

23:46 PM, 12th November 2014
About 5 years ago

Reply to the comment left by "AA Properties Wales " at "12/11/2014 - 23:41":

lol - when is the next open landlords meeting for S.E. Wales - I could be interested in coming to meet up and discuss the "land of our father"s' properties.....

Kulasmiley

7:42 AM, 13th November 2014
About 5 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "12/11/2014 - 23:46":

I will check the date and get back to you... Kev -AA

Michael Barnes

15:27 PM, 13th November 2014
About 5 years ago

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

I believe the earliest date you can ask for "posession after" is 3 February.
That is the last day of the 6 month term.
A new monthly period starts on the 4th.

Mark Alexander

15:37 PM, 13th November 2014
About 5 years ago

Reply to the comment left by "Michael Barnes" at "13/11/2014 - 15:27":

If you serve early into the fixed term (i.e. more than two months from the end) and go long with the required possession date (e.g. days or weeks after the end of the fixed term) it is highly unlikely that you will ever have a problem getting a possession order.
.

Kulasmiley

13:55 PM, 24th November 2014
About 5 years ago

Latest news folks. Sect 21 issued, CCJ ready to file on Thursday.

ALSO. I have just had confirmation that the friendly CO - (council officer) AGREES with all my evidence that the tenant J is living at the property BUT, they can't make a decision on whether to pay her housing benefit as she (J) phoned in Sept 4th to state that she NEVER lived there,(to spite me), so does that mean that she has withdrawn her claim??
I stated that she is entitled to her HB therefore her claim is valid. The CO is not quite sure he says until he can find legislation on it. Normally the claim would be cancelled as soon as claimant withdraws claim, BUT, claimant is still living at property. CO states he is finding a way to pay the HB as he knows my record as a good LL in this area helping the vulnerable.
Does ANYONE OUT THERE know of any legislation where a claimant withdraws their claim but the HB entitlement stays? Please.

Alan Loughlin

7:51 AM, 7th December 2014
About 5 years ago

just avoid all HB tenants, it seems to be the best way to avoid most problems, we actually state this on any ad. if this upsets, tough.

Kulasmiley

19:21 PM, 7th December 2014
About 5 years ago

Alan, I am starting to believe you, which goes against my nature.BUT, if I fail my business, then I fail my little child. I'm not going to just "hang in there", I'm going to be pro-active in always doing my homework on prospective tenants.
Latest on this is that the tenant (who claims she is not there), is STILL THERE.
I have spoken with Bill Irvine at HBadvice.co.uk and he says "the claim is the claimants", so if the claimant has closed down the claim to spite me, then there's not much I can do....loosing thousands as we speak.

Alan Loughlin

22:17 PM, 7th December 2014
About 5 years ago

I am not of that nature either, but have been turned that way, it really annoys me when I see all the landlord bashing by the likes of the numbskulls at Shelter and their ilk, when the reality is there are far, far more bad tenants than landlords, but nobody is saying this, so from now on I just do not care about them, nor what the other dickhead, the archbishop, says about the homeless etc when it is themselves who have put them in that position, not us as landlords.

Rod

20:08 PM, 9th December 2014
About 5 years ago

Reply to the comment left by "Alan Loughlin" at "07/12/2014 - 22:17":

I couldn't put it better myself " rough tenants' ! I had the bailiffs in the other day, it was a woman on her own!! How can this be? I can only think she had colleagues waiting in the wings in case of probs. Has anyone else had this?

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