Shazbot04 Posted October 20, 2013 Report Share Posted October 20, 2013 I currently have a nightmare tenant in my house. I am a new landlord and would like some advice. They are on DSS and have no guarantor in place. Big mistake on my behalf but LA did not advise me against it. I have had neighbour complaints, reports of drug taking in the property and they have now decided they are not going to pay the rent. They have been served with a section 21 but I want to know if there is anything I can do to get them out of my property. They have damaged 3 wood floors and ripped wallpaper. I really am stressed about the situation and would like some advice. Thanks Link to comment Share on other sites More sharing options...
Mortitia Posted October 20, 2013 Report Share Posted October 20, 2013 1. Inform the police of drug taking and neighbour complaints 2. Inform the council of what the tenants are up to 3. Get council to pay rent direct to you if they are in arrears When did the tenancy start and how long was it for? Link to comment Share on other sites More sharing options...
Shazbot04 Posted October 20, 2013 Author Report Share Posted October 20, 2013 Thank you for the reply. The tenancy started 1st of June and they have the 2 months notice which will end 10th dec. I have been trying to catch them in the house but they are never there. The drug taking is just rumours I have heard no actual proof. I(my 10 year old son asked me what a bong was as the new tenants had been seen doing it at the kitchen sink). What an awful feeling it is when your child comes out with something like this. I rang the housing benefits office and they were no help whatsoever, they advised they will only pay me direct after 8 weeks and it it's between me and the tenant and she can choose whatever she wants to spend her benefits on. They have told an acquaintance that they are on the council list so my assumption is that they want to be made homeless so they are entitled a council house. The housing benefits office said yip and they will probably get one. I feel so let down by the system and completely useless. To the point me and a baseball bat is springing to mind. If only I was strong enough lol. Link to comment Share on other sites More sharing options...
Mortitia Posted October 20, 2013 Report Share Posted October 20, 2013 Take my advice and that of a few of us on this site and don't let to DHS tenants. There may be a few who are OK but the ones you get via letting agents are the pits. The ideal tenants are 2 working persons with impeccable references and if necessary a guarantor. Never trust what a letting agent tells you until you have known them for some years. Read and learn everything on being a landlord. The tenancy in your case (if for 6 months) officially ends on 30 November and immediately after that the tenancy becomes 'periodic'.I Questions about the section 21 - who served it and how? What are the actual dates? Is it the correct S21 a or b? Section 21 is full of pitfalls to the unwary but does guarantee possession when followed up by a court order. A quicker route is a Section 8 if tenants are 8 weeks or more in arrears. If that is the case then get one issued now. PS I have no idea what a bong is? Please enlighten me! Link to comment Share on other sites More sharing options...
Shazbot04 Posted October 20, 2013 Author Report Share Posted October 20, 2013 I wish I had joined a forum before letting the house I had no idea that people can literally take over your house and you have no rights whatsoever. I have always seen places advertised stating no DSS and now I know why. Bit too late for me unfortunately. The section 21 was served by LA who have been a total nightmare and a waste of money not sure if it was a or b as I do not have a copy just a letter to say they have served it. It is due to end on 10th dec. Ps a bong is something you would smoke marijuana through using water. Hence the fact the wood floors are damaged due to water. I should have known she was trouble as she's wanted to be in my property within a week and was in such a hurry she probably did the same to another landlord. There is also a sofa outside of the property which has been there since Aug but I've only just found out that it is still there. Maybe I should ring environmental health about that. Link to comment Share on other sites More sharing options...
snorkerz Posted October 20, 2013 Report Share Posted October 20, 2013 Must advise you that your section 21 notice does not end the tenancy and does not oblige the tenant to leave. If your tenant decides to hang on as long as possible then it is possible that you will not regain your property until middle of March even if your section 21 notice is valid (30% fail in court). A quicker option may be section 8 but that is not guaranteed eviction. The more they owe, the better your chances. Does your tenancy agreement make any reference to grounds 8, 10, 11, 12, 13, 14 or 15 of either 'section 8' or 'schedule 2'? If a section 8 were successful then (again assuming they hang on) they should be out mid/end Jan. Link to comment Share on other sites More sharing options...
Richlist Posted October 20, 2013 Report Share Posted October 20, 2013 I agree with the advice you have already been given. If you are unhappy with your lettings agent there are firms who will serve the correct notices and deal with the tenants in line with legal requirements. Just try to focus on what concerns you.... 1. A sofa outside the property is not your concern (unless it belongs to you) and its not your responsibility to sort out. 2. Reports by neighbours are not something you need to action. You are not required to mitigate neighbours concerns. If neighbours want to report anything they should contact the correct authorities. Landlords are NOT responsible for their tenants actions. 3. Report any drug taking to the police & local authoriites. Link to comment Share on other sites More sharing options...
Grampa Posted October 20, 2013 Report Share Posted October 20, 2013 I rang the housing benefits office and they were no help whatsoever, they advised they will only pay me direct after 8 weeksWell that is sort of correct.You as a landlord are entitled to the LHA/HB to be paid directly to you as soon as the tenant is 8 weeks or 2 months in arrears/owing. This means as soon as the second months rent is not paid as stated in the tenancy agreement (normally 1 month & 1 day) you write to the council explain you are the landlord and the tenant is in arrears and owing 2 months rent and you now request under regulation 95 the HB to be paid directly to you. They will do it.Don't wait 2 full months it is 1 month and 1 day. Link to comment Share on other sites More sharing options...
Shazbot04 Posted October 20, 2013 Author Report Share Posted October 20, 2013 Oo thank you for that gramps I was thinking I had to wait another month that makes me feel so much better as I do have their bond so realistically they only owe a couple of hundred by the time they leave. Not the best situation to be in but it's better then getting nothing. Link to comment Share on other sites More sharing options...
Mortitia Posted October 20, 2013 Report Share Posted October 20, 2013 Definitely ask letting agent to show you a copy of the Section 21 and tell us what dates it gives and the wording. Just because they are letting agents does not mean they know how to issue and serve a Section 21 notice. As stated previously 30% fail. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted October 21, 2013 Report Share Posted October 21, 2013 As Mortitia you need to confirm that the S21 is correct, having an original is the best way so that those here in the know can assess it. The T should have another original of course. Come court time you, or who ever is progressing this for you, will need to demonstrate correct service of the S21. This is where the agent 'could' become a problem for you if they see this as a good revenue earner and have a commercial approach to 'helping' you. If you choose to go the S8 route to get 'em out faster it's always a good idea to have a S21 as a back up as S8's can be very clumsy. Link to comment Share on other sites More sharing options...
Shazbot04 Posted October 21, 2013 Author Report Share Posted October 21, 2013 I have a letter from them I've not actually seen the s21 but the letter states "we have today arranged to serve a formal notice of possession on your tenants as prescribed by the 1988 housing act. The tenancy will therefore formally terminate on 10th December 2013 when, subject to vacant possession, the tenants rental liability will cease". Please don't be the bearer of more bad news. I have a feeling these tenants know how to play the system, if they were to pay 1 weeks rent does that get them out of the HB being paid direct to me? Link to comment Share on other sites More sharing options...
Grampa Posted October 22, 2013 Report Share Posted October 22, 2013 The tenancy doesn't formally end on 10th dec (if that is the last day of the 2 months notice). A court can formally end the tenancy which is what you need to apply for if the tenants don't vacate on the 10th Dec.I guess in theory the tenant could request the HB not to be paid to you if they paid just enough to bring the arrears under 2 months. I have never known a tenant to do this and I have had some tricky tenants in the past. But the HB can still be paid to you if this happens because the council have discretionary powers to make the payment to you at any time. You just have to make a case for it.I think it would be a good idea to request from your agent copies of:1 All tenancy agreements past and present2 Section 213 Proof of service of the section4 Inventory5 Any correspondence between agent and tenant. Link to comment Share on other sites More sharing options...
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