Lucina Posted August 29, 2014 Report Share Posted August 29, 2014 Hello,I let out my flat to my new tenants 6 weeks ago -an unmarried couple with a child of 6 (he is not the father) on a joint tenancy agreement. The agreement is for a fixed 12 months with 6 months break clause at the beginning.Today I got an email from the woman saying that now she has broken up with her partner. I had been told they had been together for several years. She tells me she had been to the Citizen Advice Bureau and she (a Ukrianian national with UK residency) is entitled to help to pay her rent as she is now a single mother. Currently she works part-time and her previous bank statements show she has been getting child benefit.What are the implications / possible complications to a landlord of letting to someone in this situation? I had stated clearly in my advert that I did not want DSS but professional working couples. I do find it very odd that a couple who were in a stable relationship (as they told me), move in together only to break up less than 2 months into a new tenancy. If she did lie to me then it was a very convincing deception as I did do all the relevant checks and questioned her thoroughly before deciding to go ahead. Please could anyone advise me what is the best course of action? I am beginning to think that the man may have been just a friend who pretended to be the partner in order for her to appear to have the finances to rent the flat. Is it advisable to hand in a Section 21 now? Before I let the property I did specifically asked if they had problem paying rent what they would do. Her reply was that they could always move to their friend's owned property.I just want to ensure I am not being lied to and that I will not lose out financially if she can no longer pay her rent. Could this be a common trick used by people to rent property they cannot afford?Thanks for reading this and really hope to hear any advice soon. Lucina Link to comment Share on other sites More sharing options...
Richlist Posted August 29, 2014 Report Share Posted August 29, 2014 1. If its a joint tenancy ie both adult persons are named as tenants then irrespective of wether one moves out or not, they BOTH remain jointly responsible for paying the rent. Make sure you gget his forwarding address and remind him he remains jointly liable for the rent. 2. NEVER, never let on a 12 month tenancy agreement to new tenants unless you have a watertight break clause. Many break clauses are poorly drafted and will not stand scrutiny. 3. ALWAYS consider rent guarantee insurance or alternatively a home owning guarantor. That way when the ###### hits the fan you still get your money. 4. You are now very likely to have a period of time where rent payments might not be made and a lot of your time & effort will be needed to resolve the issues. Link to comment Share on other sites More sharing options...
Lucina Posted August 29, 2014 Author Report Share Posted August 29, 2014 1. If its a joint tenancy ie both adult persons are named as tenants then irrespective of wether one moves out or not, they BOTH remain jointly responsible for paying the rent. Make sure you gget his forwarding address and remind him he remains jointly liable for the rent. 2. NEVER, never let on a 12 month tenancy agreement to new tenants unless you have a watertight break clause. Many break clauses are poorly drafted and will not stand scrutiny. 3. ALWAYS consider rent guarantee insurance or alternatively a home owning guarantor. That way when the ###### hits the fan you still get your money. 4. You are now very likely to have a period of time where rent payments might not be made and a lot of your time & effort will be needed to resolve the issues. Hi Richlist, Thanks very much for your reply. I have now arranged to see to her tomorrow and speak to her directly. She said she was sorry. I get the impression the guy has possibly moved out. I understand by law the guy is still responsible to pay rent and I tried calling him just now but only to get an answering service. I don't count on the guy will continue to contribute to the rent but since I am still within the fixed term I assume I could hand in Section 21? To make my life easier if she can show me the council will help her and that I will be financially secure, what is the procedure of changing the current tenancy agreement to a single Tenancy agreement? Is this possible at all? I already have my parents failing health issues to deal with so I really just hope this tenancy thing won't make my situation worse and there is a simple way to go forward. Any advice much appreciated. Link to comment Share on other sites More sharing options...
Richlist Posted August 29, 2014 Report Share Posted August 29, 2014 I don't count on the guy will continue to contribute to the rent Why not ? He's the one in employment and in a much better position to pay . but since I am still within the fixed term I assume I could hand in Section 21? You can issue an s21 anytime you like but it won't take effect until the end of the fixed term or the break clause (if its drafted correctly). You do need to have followed deposit protection rules for the s21 to be valid. To make my life easier if she can show me the council will help her and that I will be financially secure, what is the procedure of changing the current tenancy agreement to a single Tenancy agreement? Is this possible at all? Why do you want to do that ? Surely much better to have 2 people on a tenancy agreement when one of them is employed. You can then persue them for outstanding rent and have a chance of getting some of it. I already have my parents failing health issues to deal with so I really just hope this tenancy thing won't make my situation worse and there is a simple way to go forward. Well I know hindsight is a wonderfull thing and all that BUT....... If you were going to be in a bad place if the tenancy went pearshaped all the more reason for you to have put some safeguards in place to help. Someone should be along shortly who knows more than me. Good luck. Link to comment Share on other sites More sharing options...
Mortitia Posted August 30, 2014 Report Share Posted August 30, 2014 You can issue a Section 21 but not action it until the end of the fixed term or at a break clause. The male tenant is responsible along with his 'partner' for the rent so get on to him fast -at his place of work or use a tracing agency to find out more about him - you should have reference him thoroughly and double checked him and her out. By telling this man he has committed a fraud and that you may go to the police you may get him to surrender the tenancy - best option. YOU need to get tough and quick. Link to comment Share on other sites More sharing options...
Grampa Posted August 30, 2014 Report Share Posted August 30, 2014 If she is entitled to HB you need to find out NOW what the HB rates are in your area and if she will get the full allowance. It is all very well her saying she will get help with the rent but it may only be 50% and I tell you now she wont have the funds to make up the balance.. If the deposit has been protected correctly you need to serve a s21 (correctly) NOW to cover yourself. If there is a guarantor in place start chasing them now for arrears and don't let off the boyfriend as he is still responsible for the rent as Mortita states I see this getting messy so get notice served now you don't have to act on it if you chose not to. Link to comment Share on other sites More sharing options...
Lucina Posted August 30, 2014 Author Report Share Posted August 30, 2014 You can issue a Section 21 but not action it until the end of the fixed term or at a break clause. The male tenant is responsible along with his 'partner' for the rent so get on to him fast -at his place of work or use a tracing agency to find out more about him - you should have reference him thoroughly and double checked him and her out. By telling this man he has committed a fraud and that you may go to the police you may get him to surrender the tenancy - best option. YOU need to get tough and quick. Thanks so much. I went to see my tenant today to understand what happened and think I get a better picture that she genuinely got into difficulties- her partner cheated on her and left for another woman after 1.5 months into this tenancy so she is now stuck. Her partner now abroad with the other woman and is not planning to return for months. She said the council wants me, the landlord to confirm the partner had left (she gave the keys which I gave him at the beginning of the tenancy) so the the council can start housing benefit to help her. She said she plans to increase the hours of work and her father will try to help her financially if she falls short. She prefers to stay in my property if given the choice (it is very convenient for her son's schooling and nice neighbours). The council told her I don't need a new tenancy and the current joint tenancy (with her partner's name) should be fine so long as I confirm that her partner had left (and it appeared to me he had). The council also advised her that by the 12 months fixed terms finished I could consider renew with her a sole tenancy. Is the information she got correct? Link to comment Share on other sites More sharing options...
Lucina Posted August 30, 2014 Author Report Share Posted August 30, 2014 If she is entitled to HB you need to find out NOW what the HB rates are in your area and if she will get the full allowance. It is all very well her saying she will get help with the rent but it may only be 50% and I tell you now she wont have the funds to make up the balance.. If the deposit has been protected correctly you need to serve a s21 (correctly) NOW to cover yourself. If there is a guarantor in place start chasing them now for arrears and don't let off the boyfriend as he is still responsible for the rent as Mortita states I see this getting messy so get notice served now you don't have to act on it if you chose not to. Thanks very much. I will call the local council to verify what she told me today in regards to the rate etc. She said the council will need a letter from me to confirm her partner had left (today she gave me back the keys which I gave him at the beginning of the tenancy) so the the council can start housing benefit to help her. The council also told her I don't need a new tenancy and the current joint tenancy (with her partner's name on it) should be fine so long as I confirm that her partner had left (and it appeared to me he had). The council also advised her that by the 12 months fixed terms finished I could consider renew with her a sole tenancy. Is the information she got correct? In any event I will give the council a call to check. If anyone have any additional advice kindly let me know. Thanks so much. Link to comment Share on other sites More sharing options...
Melboy Posted August 31, 2014 Report Share Posted August 31, 2014 Personally I would want to draw up a new contract from what I am reading here from Lucina. Male tenant has clearly skipped the Country and handing back the keys would be a good enough reason for me to start again. You will need to do a lot of checking though Lucina on the financials of this arrangement and make sure you get a rent guarantor and protect any deposit in the DPS. Link to comment Share on other sites More sharing options...
Lucina Posted August 31, 2014 Author Report Share Posted August 31, 2014 Personally I would want to draw up a new contract from what I am reading here from Lucina. Male tenant has clearly skipped the Country and handing back the keys would be a good enough reason for me to start again. You will need to do a lot of checking though Lucina on the financials of this arrangement and make sure you get a rent guarantor and protect any deposit in the DPS. Thanks Melboy. through speaking to the remaining female tenant her father is renting as well and she is not originally from this country although she has been working here for the last 9 years and has a UK resident ID. I don't think she can supply me with any guarantor (as I thought they have to be an individual home owner of the UK?). If I decide to continue with her (she does seem genuine and I think she is in distress as well with a young child) is there anything I need to be aware if to proceed with her getting HB? I have no experience in this sector as my previous tenants are all working and didn't require benefit. How likely will council stop payment or late for payment so I may be at risk of arrears? I am just a bit concerned with this. Link to comment Share on other sites More sharing options...
Melboy Posted August 31, 2014 Report Share Posted August 31, 2014 If I decide to continue with her (she does seem genuine and I think she is in distress as well with a young child) is there anything I need to be aware if to proceed with her getting HB? I have no experience in this sector. Yes....first and foremost is that you have to remember in this business you are not a welfare branch of the social services or DWP and that helping someone out is not the same as taking responsibility for a person in their current position. Yes, that's a tough way of looking at it but landlording is a tough business. Firm but fair should be any landlord's motto. It should be painted on my Heraldic shield. Link to comment Share on other sites More sharing options...
Mortitia Posted September 1, 2014 Report Share Posted September 1, 2014 If Lucina draws up a new tenancy the man will not be liable and the council may well try to trace him to pay up. If I were the landlord I would get shot after 6 months - HB tenants always stuff up in the end. Yeah I know I'm a hard bitch but there is a scam going on here somewhere IMO. Link to comment Share on other sites More sharing options...
Melboy Posted September 1, 2014 Report Share Posted September 1, 2014 Yeah I know I'm a hard bitch but there is a scam going on here somewhere IMO. I don't ever think it's a question of being hard it is more a question of not being regarded as a push-over or regarded as a soft touch by unscrupulous tenant's. They will be calling for a Man in a white coat to escort me to the home for the mentally ill the day that I fall for a scam. Link to comment Share on other sites More sharing options...
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