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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.
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)
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.
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.
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
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.
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.
[url] http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018928 [/url]
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.
Turn the electric and gas off
Or pull up the floor boards
Pay me and il get her out
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.
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...