mansukh Posted September 18, 2007 Report Share Posted September 18, 2007 Can someone advice? I have a tenant you has lost his job and now wants to Claim Housing benefit. I told him that i dont want any DSS. Can i give him notice to leave? There is no agreement is place for him renting the studio in a residential house. Link to comment Share on other sites More sharing options...
J4L Posted September 18, 2007 Report Share Posted September 18, 2007 Think we need more info here You say there is no agreement?? You do have an agreement albeit a verbal one. You CAN give him notice to leave, 2 months in all but this has to be from the final date you 'agreed' initially to let it to him. If he was unfortunate enough to lose his job but has been a good tenant up to now why would he change just because his circumstances have?? He may get another post somewhere and if he's getting Housing Benefit in the meantime what's your problem? Let's have some more information re his situation before I slam 'another' Landlord for being poo!! haha Gareth Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 19, 2007 Report Share Posted September 19, 2007 Well... A lot of mortgage conditions will not allow tenants claiming HB ...so Gareth are you recommending the LL breach his mortgage conditions ? More interested in exactly what "renting the studio in a residential house" means ...more info needed.... Simon Link to comment Share on other sites More sharing options...
GPEL Posted September 19, 2007 Report Share Posted September 19, 2007 Should you wish to serve notice, it starts from the rent due date not the start date of the tenancy, which could be different. Link to comment Share on other sites More sharing options...
Trenners Posted September 19, 2007 Report Share Posted September 19, 2007 Hi Mansukh, Whatever you decide - act quickly. Housing Benefit cannot be claimed "retrospectively" - meaning if your tenants doesn't start applying for the benefit from the DAY THAT THEY NEED IT then there is a very strong possibility you are not going to get any rent from the tenant or the DSS. I don't understand, either, why you would discriminate against someone just because the Council (via Housing Benefit) rather than their local employer (via Wages) pay their rent. I take Simon's point about mortgage T's & C's - but that wasn't your question and wasn't your point. A good tenant is a good tenant - irrespective of who pays they rent (as long as they actually pay it). I always choose a good DSS tenant over a working tenant - as all landlords know .... People who work are "well dodgy" - that's why they become landlords ! Mark Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 19, 2007 Report Share Posted September 19, 2007 People who work are "well dodgy" - that's why they become landlords ! Most LL "work" AND "work" as a LL as well ...........the dodgy geezers........ Those who can ...do those.............. who cant ......teach......... LL those who can do ...those who can't ..........................enter.."the letting agent !!!!!!!!!!!!!! HAah hA LOL Guess all us LL and Lenders have got it wrong then Mark....?????!!!!!!!!!!!!! Would love to see the stats on eviction, rent arrears, and tenant "problems" split % wise on "professional" v "HB" I know what my figs are !!!!!!!!!!!!!!!!!!!!!!!! Back to original question............. There is no agreement is place for him renting the studio in a residential house If this means that T is a room Lodger in LL home with no AST then i believe no notice required ....More info please.. Simon Link to comment Share on other sites More sharing options...
J4L Posted September 19, 2007 Report Share Posted September 19, 2007 yup as suggested we need more info here .. . . . . . "A lot of mortgage conditions will not allow tenants claiming HB ... " Never have I seen ANY mortgage 'conditions' that actually state 'will not allow tenants claiming HB' You do see no DSS but NEVER HB!!! "so Gareth are you recommending the LL breach his mortgage conditions?" Not at all. I'm suggesting that 99.99% (recurring) BTL mortgages say this ANYWAY, regardless of breaches most Landlords do this anyway!!! And it's not generally that they don't care but they don't read the small print!! "A good tenant is a good tenant - irrespective of who pays they rent (as long as they actually pay it)." This was my point Mark exactly!!! Too many Landlords 'judge' before making an informed decision about who they let to. Personally I have managed to 'talk around' 2 Landlords (this week, no less) into 'possibly' accepting DSS Tenants. My view is we take a guarantor anyway on these and at least if they are a house owner you know you are suing against 'something' rather than trying to sue a Tenant who has a full time job but nothing else, 'should' you need to. Makes perfect sense when you spell it out to people, sometimes!!! "LL those who can do ...those who can't ..........................enter.."the letting agent !!!!!!!!!!!!!! HAah hA LOL" haha, well Simon, I do both actually and MUCH more besides! I have many businesses that run successfully 'without', (might I add) actually 'having' to advertise them in my signature!!!!!!!!!!! Nuff Said!!! Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted September 20, 2007 Report Share Posted September 20, 2007 Do I detect a slight clash of personalaties here?????? They dont call me sherlock for nothing Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 21, 2007 Report Share Posted September 21, 2007 Would love to see the stats on eviction, rent arrears, and tenant "problems" split % wise on "professional" v "HB" ...................................... See no point in arguing this one ! LL either will or wont......but as rent is now what i consider to be "unstable " ie HB can and do stop payment, declare as over payment for no apparent reason etc I would insist on a fully ref'd Guarantor immediately ... Simon Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 21, 2007 Report Share Posted September 21, 2007 Speedtwin "clash of personalities" !!!!!!!!! No ....just Gareth sparing again ! Simon Link to comment Share on other sites More sharing options...
J4L Posted September 21, 2007 Report Share Posted September 21, 2007 "I would insist on a fully ref'd Guarantor immediately" Didn't say I WOULDN'T do this I just said I'd be working through this situation rather than just giving notice. This is probably the correct route to go down actually. Yes HB 'CAN & DO stop payments' so why not insist that these monies are paid directly to the T, at least then you won't have any come backs and you'll soon know once the next rent is due how it may pan out. just Gareth "sparing" again ?? What your blushes?? haha Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted September 22, 2007 Report Share Posted September 22, 2007 Going off at a slight tangent, I have just had a tenant move out 21/9/07 but stopped HB on 16/09/07 (which was paid direct to me) because i think they wanted to claim for new property they were moving into. Thought i was to lose out but spoke to council and they said if i put it in writing they should pay up to 21/09/07. Dont know if this little gem will help anyone but it all helps. Link to comment Share on other sites More sharing options...
GPEL Posted September 22, 2007 Report Share Posted September 22, 2007 J4L advises working through it before giving notice, which is reasonable. However, keep your eye on the calendar because go past the rent due date and you lose another month. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 22, 2007 Report Share Posted September 22, 2007 By the time Gareth has picked thru the bones of every word and sentence ...from the T ..they will probably have already left .!!!!!!!!!LOL Simon Link to comment Share on other sites More sharing options...
J4L Posted September 22, 2007 Report Share Posted September 22, 2007 Simon you slay me!! haha NOT! Link to comment Share on other sites More sharing options...
Trenners Posted September 23, 2007 Report Share Posted September 23, 2007 Hi Speedtwin, It is very unusual - but not impossible - for the Council to pay "dual benefit" - ie: Housing Benefit to the same tenant for 2 properties. The tenant is able to apply for dual benefit but unless there are really exceptional circumstances - it is rarely approved. A message to our Welsh contingent (you know who you are): It would be helpful if you could keep "sparing to a minimum" because it is really hard to contribute to this forum with all your "sparing messages" mixed within landlord message who are looking for our help, support and advice. I assume you are sparing with each other to increase the number of posts that you each make ? What is the point of having the highest number of posts to this forum if the majority of the posts are garbage ? Mark Link to comment Share on other sites More sharing options...
GPEL Posted September 23, 2007 Report Share Posted September 23, 2007 Leave them to it Mark, at least they're leaving their friendly neighbours alone. I'll get my coat:-) What comes after super dooper senior member? Link to comment Share on other sites More sharing options...
J4L Posted September 23, 2007 Report Share Posted September 23, 2007 Hi guys, Just to let you know that whatever 'number of posts' I have makes no difference. I just get irate at times with bully boy tactics and advice. That's it. Point taken though, GPEL, how many times have you 'taken your coat' now?? haha Link to comment Share on other sites More sharing options...
GPEL Posted September 23, 2007 Report Share Posted September 23, 2007 Each time the door's left open... Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 23, 2007 Report Share Posted September 23, 2007 Point taken guys ! But to be fair, Gareth usually does a good job of playing devil's advocate on times: which in turn requires a response ... but the constant nit picking needs to stop .... I think we have established that there are various ways of dealing with bad debt: Communication first followed by DC or s21/S8 and eviction..also varoius ways of "facilitating" eviction... Now no one else, bar me is going to put the DC forward as an option as you all seem to prefer S8 S21 , cut all communication with T and let Debt build while you go to court .... etc but newbies and people looking for advice should be allowed to gain as much info as poss ...... Gareth, unfortunately chooses to spew "the bully " post each and everytime ..which in turn needs to be responded to ... This is a matter of uninformed and misleading opinion on your part gareth ...so let us agree that your opinion is in opposition to most major businesses worldwide and needs to be curtailed ? S Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted September 23, 2007 Report Share Posted September 23, 2007 Thanks for the reply trenners. the tenant had been given s21 to leave 30/9/07 (rent runs 1st- 31st each month) its a long shot but would i have a case to ask the council to pay to end of the month? The AST was now a periodic tenancy Dave Link to comment Share on other sites More sharing options...
J4L Posted September 23, 2007 Report Share Posted September 23, 2007 You see Guys?? I have said I have taken the point only for Rodent to lay this comment down . . . . "so let us agree that your opinion is in opposition to most major businesses worldwide and needs to be curtailed ?" My answer Simon has to be a resounding NO!!! None of my opinions need to be curtailed! They are opinions, like yours, whether right or wrong. Who makes that judgement?? Certainly not YOU!! Let ME tell you about 'most major businesses worldwide' shall I? Yes most ARE bullies in my opinion when things don't go the way they wish, plan for or 'expect'. They lack good communication skills, common sense and above all, ethics, morals or a conscience. They employ staff whom they pay the minimum or going rate of pay and regardless of the opinions of the boardroom, the customer service is NOT what is expected or achieved. Staff are treated like a number, as are customers, so the personal touch is lost somewhere between the boardroom and the shop floor. The only 'REAL' difference that makes these companies a force is that THEY command (bully, enforce, dictate, whatever word you'd like to use) the market place by PRICE only!!! Dunno if you've tried to sell something to Argos, Tesco's Woolworth or other large multinational companies but trust me it doesn't happen easily. If you are 'lucky' enough to get a meeting they'll beat you to a submission over price and 'tell' you how much you can sell your items in their shops for. This being a fraction of the price you were looking to charge and cutting your percentages massively. Bully boys? yes, most of them and not a framework I'd like to use to make my millions. You in comparison are NOT a major force in worldwide business! So to keep idealising their practices as a benchmark or your motivation is downright idiotic. So for now we'll say these are MY opinions are my opinions only, as far as attempting to 'curtail' them, in your dreams whilst we still live in a democracy that supposedly promotes freedom of speech. apologies everyone for the digression. I think NOW I'LL get my coat!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 23, 2007 Report Share Posted September 23, 2007 Lets agree to disagree ! if you want to reinvent the wheel, carry on.......i will qualify my future posts re DC with "some may see Debt Collecting or management as bullying, but an attempt to keep comms open, rather than shutting them down and throwing people onto the streets should be considered as an intermediate and positive step ....but if you dont like the idea dont use one ....(the reality being that you dont ACTUALLY USE ONE ANY WAY.................just the threat of)" then hopefully we will not need to go round the merry go round again....and again............ If you have a more effective method of dealing with habitual bed debtors and delinquent accs other than bullying them onto the street please ...;et's hear it ......(this assuming comms are dead or ineffective...)you will now, i hope, draw on the experience of the many businesses that you run.... S Link to comment Share on other sites More sharing options...
Trenners Posted September 23, 2007 Report Share Posted September 23, 2007 Hi Speedtwin, The problem is that the benefit money belongs to the tenant and it is the tenant's circumstances that will dictate whether they are entitled to dual benefit or not. One of the problems with HB tenancies is that the Benefit office will usually only pay benefit to 1 landlord - but it is almost impossible for the tenant to move out of one property and into another property in 1 day. Working tenants usually have a couple of days overlap so that they can facilitate their move. If you tenant was fleeing domestic violence or harassment and the Council were re-housing them then dual benefit would probably be payable. If the tenant was simpy moving between properties - I honestly think that dual benefit will be denied (even if the tenant insists that the Council has promised them that it will be paid). The only real way to resolve this is to demand a meeting with the Benefit Officer WITH YOUR TENANT so that you can hear, from the Benefit Officers mouth, what the actual situation is going to be. Good Luck, Mark Link to comment Share on other sites More sharing options...
J4L Posted September 24, 2007 Report Share Posted September 24, 2007 "Lets agree to disagree !" Yes Let's!! Nobody is trying to reinvent the wheel, but the WHEEL Simon, wasn't INVENTED by you!!!! I would hope that your screening process would identify "habitual bed debtors and delinquent accs " anyway, but if not, then surely after ONE missed rental payment you'd be onto them. once ...... "( comms are dead or ineffective...)" or appear to be, then I'm ALL FOR calling your guys in, or threatening them with . . I've never said that this is wrong, ineffective or otherwise, i'm just saying that this is not MY first port of call!!! I find that even the threat of "court" may sometimes have the same effect. I agree that occasionally you do have salient points and opinions, I admit this, and don't mind saying so. You percieve this as 'copying' your ideas and thoughts (other forum!!) I see it as a natural progression on the learning curve. You seem to answer topics where you feel the issue will make you look knowledgable. You very often say, "yes I agree BUT . . . " (i'd do it THIS WAY, so you are wrong) Do me a favour eh? Just once, just agree with someone else!!!!!!!!!! Link to comment Share on other sites More sharing options...
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