Viewing 16 posts - 41 through 56 (of 56 total)
  • A tennant owes me £2600 in rent – is it worth getting the bailiffs in?
  • toys19
    Free Member

    konabunny – Member

    toys19: are you a landlord or the 1% of agents that actually know they're doing? And are you in Edinburgh by any chance?

    I am a part time landlord, with 3 properties that I have let for the last 12 years. I used to manage a bigger portfolio (35 properties) for a few friends who were off gallivanting and needed someone they could trust to look after their interests and didn't like agents. It worked in reciprocal as I spent a year travelling in 2004/5 and they looked after my stuff. We pooled resources and knowledge when it comes to this type of hassle above and it works well.

    In Devon unfortunately but if you want to email me I can give you any number of tips…

    mudsux
    Free Member

    The complete situation is the woman signed a joint tenancy with her boyfriend.
    They had a child together about 8 months ago.
    He lost his job in a hotel.
    He left her.
    He can no longer be traced or contacted by the agent.
    She has not paid rent for 4 months.
    She does not respond to messages left by the agent.
    Indications are she is currently applying for housing benefit.

    Owing me this much money – I have run out of all compassion.
    What some people forget is that whilst she pays me no rent – it is actually costing me money which I cannot afford to lose.

    Notice has been served. And I'm going to take the necessary steps to have her evicted.

    Talkemada
    Free Member

    Fair enough.

    But a couple of things to consider; she may well be suffering from depression, if what you've told us is the case. Seems like she has no money, and a small baby to care for. If you try to imagine yourself in her position, maybe paying rent isn't as high a priority as supporting her baby. It sounds like a horrible situation she's in, and maybe she should have sought help from the DSS earlier, but she simply might not be able to cope with all that. Would you want to be in her situation?

    Serving Notice is of course your choice, and maybe the only way you can resolve the issue to everyone's best interests. But as a child is involved, she can't simply be thrown out on the street come the end of the notice period. The DSS have a duty to house them, and this could take a long time. Meanwhile, you could continue to receive no money. Therefore, you'd do better to try and negotiate the best deal for yourself and this woman. I'd imagine the DSS would pay any rent directly to you. She could be entitled to back paid Housing Benefit, so you may possibly get some of the money you are owed.

    I appreciate it's a crap situation for you, but such are the risks, unfortunately. A friend of mine is still owed deposit money from a Letting Agent from last year, as well has being screwed over by his previous tenants for 3 months rent. About £5000 in all, I think he's lost. He'll be lucky to retrieve about £1500 of that.

    Letting property is not quite as simple as most other business transactions. With good reason. People need somewhere to live.

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    Talkemada
    Free Member

    Here's some info that may be useful:

    Often tenants (e.g. families with children) will be looking to be rehoused by the local authority. Many landlords don't realise that their tenant will invariably be advised to stay in their property until they are evicted or rehoused, as they will lose their right to rehousing if they move out earlier.

    The local authority will not rehouse them unless there is a possession order, and some local authorities will not rehouse them until there is a bailiff's appointment! The reason for this is that most, if not all, of local authorities don't have sufficient housing available and so will only rehouse families if they are forced to. Find out if your tenant is looking to be rehoused. If so, it's best for everyone if you proceed with your court action as quickly as possible.

    ziggy
    Free Member

    What he said, however if she is in arrears with her rent until it is paid in full a housing authority has no legal obligation to help her out, so maybe get her out then let the LA know you're owed lots.

    Talkemada
    Free Member

    Actually, if she has a young child, the housing authority have a legal duty to provide her with housing, regardless of wether or not she has paid her rent.

    Many boroughs have long waiting lists, and are unwilling to place people in temporary accommodation, as it may be unsuitable, and will invariably cost a lot more. This means it often takes ages before the LL/owner can actually get the tenants out. Unfortunately, they have no legal obligation to pay the OP any money, as the contract is not between them and the landlord. They do have an obligation to provide sufficient benefit payments to ensure the tenant has housing. This simply means that they pay money to the tenant, to pay the LL. This money can be paid directly to the LL under special circumstances, or at the discretion of the tenant.

    The tenant is liable for the rent. The OP has the right to take action against them, to recover the debt owed. If benefits have been paid by the LA, they may take action against the tenant to recover payments, or have them charged with fraud.

    I do sympathise with all involved in this situation, but unfortunately property rental is a risky business.

    toys19
    Free Member

    Often tenants (e.g. families with children) will be looking to be rehoused by the local authority. Many landlords don't realise that their tenant will invariably be advised to stay in their property until they are evicted or rehoused, as they will lose their right to rehousing if they move out earlier.

    This is a fact, and they reason why you should have stepped in the moment she dropped behind. Our local authority are tossers who will not rehouse anyone unless they have been evicted, if the tenant leaves without eviction even after legal notice then the council say they left of their own freewill and will not be emergency housed. (INSERT STRONG BLUE ANGLOSAXON HERE)

    Burls72
    Free Member

    If you make a housing benefit/jsa claim it will take 6 weeks minimum before you receive your full regular payment. Not sure if it's any different when you have children and the amount will vary slightly between different LA's but if your without children the maximum payment is £450 per month with the short fall being made up from your jsa. They also won't pay housing benefit until a jsa claim or like is confirmed.

    The up shot for the OP is I doubt she will ever be able to get anywhere near to making up the short fall and best to evict asap and cut your loses. This woman might be taking the p**s but it's more than likely she has been forced in to this situation as who wants to live that way if your single let alone when you have a new born. Being on benefits for the vast majority of people is VERY difficult and the real culprit here is probably the government for not paying enough benefits to live on and happily letting landlords go the loser.

    Edukator
    Free Member

    Your House, her home.

    A tennant lost his job when the firm he worked for went bankrupt. When his earnings related benefits ran out he stopped paying the rent. I wasn't surprised and just let it run. When he was nine months in arrears I asked for direct payments from the local equivalent of social services which covered about two thirds of the rent. After three or four years he finally got another job and paid back what he owed – well over a year's rent. No hassle, no aggro, civil relations all the way through and no legal costs.

    I know there are some odious people out there but also some good people that are victims of our modern world. Only you can judge, but put yourself in her shoes and perhaps work with her on getting whatever help is available, and have it paid directly to you.

    Edit: just totted up what I'm currently owed by the new tennant, about two grand. Housing benefit is being paid directly to me, I'll just let it run and hope he gets a job.

    TandemJeremy
    Free Member

    Mudsux – if she is applying for housing benefit is this a muck up by the benefits people and eventually you will get some of the money?

    I'd carry on with going for eviction to protect your interests but try to find out what is happening with the benefits. Its not uncommon that housing benefit is delayed but eventually is paid

    br
    Free Member

    Haven't read all the thread, but is your agreement with her or the agent?

    If the agent…

    And once she's out, change agents.

    Susie
    Free Member

    Something called Local Housing Allowance was brought in a couple of years ago. This meant that the benefit is now paid to the claimant, rather than the landlord. It didn't change for existing claimants, but anyone new to benefits from April 08 now has it paid direct to them. The website says payment is not normally made to the landlord, but in some cases they may be able to do this. See here.

    http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018928

    Edukator
    Free Member

    Barmy new rules. Under those conditions follow TJ's advice not mine. The government are effectively putting landlords into a position where they are best to get non-payers out ASAP rather than adopting a more christian stance. How to piess off both tennants and landlords. Well done New Labour.

    grantway
    Free Member

    Turn the electric and gas off
    Or pull up the floor boards
    Pay me and il get her out

    Edukator
    Free Member

    Brave aren't we grantway when it comes to dealing with a woman and baby. Hopefully she'll have a new kick boxing boyfriend when you turn up.

    robhughes
    Free Member

    i,m the owner of belvedere property developers.
    were doing these all the time.
    i,m not an agent. i own the properties.
    email in profile.
    i,ll help you out on this one bud…

Viewing 16 posts - 41 through 56 (of 56 total)

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