dkw821256 Posted March 13, 2008 Report Share Posted March 13, 2008 hi all I have an unusual problem with a tenant in hmo this tenant is on dss the rent is £75 a week all bills included the dss pay £51 and the tenant has to pay the portion for the bills ie.£24 since moving in 2 months ago the tenant has not paid the £24 to make up the rent the tenant also has been having her boyfriend live with her without my permission it is in the lease that the rooms are single rooms it seems that I have no right to stop this boyfriend from staying at the house I have served a notice to quit on her giving 2 months notice do I have to go to court to get her out and as she is 2 months behind with her rent can I apply to get her out straight away also the room she is in has had to have one of the two windows in the room removed for repair and has been borded up, as i now consider this room not to be Secure can I force her to move to another room as it has been boarded up for a week now and she will not sign anything to say she is happy to stay in the room though she has verbally said that she wants to stay in the room any comments will be most appreciated Link to comment Share on other sites More sharing options...
GPEL Posted March 13, 2008 Report Share Posted March 13, 2008 Bit confused by this. If the tenancy is newish & for min of 6 months, 2 months notice to quit would be invalid before the end of the fixed period and a S21 isn't for rent arrears just possession. Arrears would need to be recovered seperately. Also, I don't think she is 2 month's (8 week point is of more relevance due to weekly periodicity of rent due) in arrears as you have been receiving the dss element. She is only in arrears the unpaid amount, which won't be the equivalent to 8 weeks worth of arrears (£600) for some time (approx 25 weeks of £24 unpaid each week to reach £600 of arrears). At this point you could then serve a S8 for rent arrears etc, which is almost pointless. Serve the 21 now for the end of the fixed period and start recovery procedures for arrears immediately. Link to comment Share on other sites More sharing options...
roppa Posted March 15, 2008 Report Share Posted March 15, 2008 1st point, punctuation, it's great. 2ndly, I would say that there is not a massive amount you would be able to do at this point in time. 1) the tenant has only been in the property 2 months out of 6.. so a S21 would have to end on the last day of the tenancy, I.E. 4 months time 2) the tenant is in "arrears" but no-where near the level that you would be able to serve a section 8. 2 months is 8 weeks @ £24.00 = £192.00 In order to serve a S8 you would need 3 times that level. 3) I am assuming you took a deposit, this would (fingers crossed) be in the region of 1 months rent. Well even that should cover half the arrears for the whole of the tenancy tbh. 6 month let, £24 per week, 26 weeks, 26*24= £624.00 - ~£300 = ~£324.00 arrears for a tenant that went bad over a 6 month period... not "that" bad considering. If I where in your shoes, 1stly I would approach the tenant and inform them that they need to make a top-up payment of £24.00 each week (normally the are paid on a 2weekly basis so let's call it £50.00 a fortnight so you get "some" off the arrears) and if they don't make those payments, They will be kicked out at the end of the tenancy. Also tell the little chav that her partner should NOT be there. But as long as the rent is paid you will let this slide (after all, there is not a lot you can do about it atm other than serve a notice, and you will not be getting any rent either way atm, why not try and be "Mr Nice" and see if you can get some cash off them in the mean time) still serve the S21, explain though that as long as things are sorted out with the rent arrears that you "might" take this back. after that it is a waiting game, they will either come good or go bad, least after 7th of April you can get a higher HB payment through LHA and thing's like this might not be so frequent.. although if they are not paying £24.00 atm, what is the chance's of the little chavy darlings paying £75.00 Link to comment Share on other sites More sharing options...
dkw821256 Posted March 15, 2008 Author Report Share Posted March 15, 2008 1st point, punctuation, it's great. 2ndly, I would say that there is not a massive amount you would be able to do at this point in time. 1) the tenant has only been in the property 2 months out of 6.. so a S21 would have to end on the last day of the tenancy, I.E. 4 months time 2) the tenant is in "arrears" but no-where near the level that you would be able to serve a section 8. 2 months is 8 weeks @ £24.00 = £192.00 In order to serve a S8 you would need 3 times that level. 3) I am assuming you took a deposit, this would (fingers crossed) be in the region of 1 months rent. Well even that should cover half the arrears for the whole of the tenancy tbh. 6 month let, £24 per week, 26 weeks, 26*24= £624.00 - ~£300 = ~£324.00 arrears for a tenant that went bad over a 6 month period... not "that" bad considering. If I where in your shoes, 1stly I would approach the tenant and inform them that they need to make a top-up payment of £24.00 each week (normally the are paid on a 2weekly basis so let's call it £50.00 a fortnight so you get "some" off the arrears) and if they don't make those payments, They will be kicked out at the end of the tenancy. Also tell the little chav that her partner should NOT be there. But as long as the rent is paid you will let this slide (after all, there is not a lot you can do about it atm other than serve a notice, and you will not be getting any rent either way atm, why not try and be "Mr Nice" and see if you can get some cash off them in the mean time) still serve the S21, explain though that as long as things are sorted out with the rent arrears that you "might" take this back. after that it is a waiting game, they will either come good or go bad, least after 7th of April you can get a higher HB payment through LHA and thing's like this might not be so frequent.. although if they are not paying £24.00 atm, what is the chance's of the little chavy darlings paying £75.00 hi thanks all for the feedback just A further question about what you said is happening in April about housing benefit and what is LHA can you clarify what is happening that will help. It seems so frustrating that all we landlords can do is sit and wait all the laws are on the tenant’s side to screw us over Thanks again for your time giving feedback Link to comment Share on other sites More sharing options...
roppa Posted March 18, 2008 Report Share Posted March 18, 2008 hi thanks all for the feedback just A further question about what you said is happening in April about housing benefit and what is LHA can you clarify what is happening that will help. It seems so frustrating that all we landlords can do is sit and wait all the laws are on the tenant’s side to screw us over Thanks again for your time giving feedback hmm, only thing that i can see that would help in the whole situation, the tenant's will be falling behind quicker as they will not be going behind by £15-£20 per week, but the full rent of £70-£80. so means you can serve a section 8 quicker. other than that, not really a massive help in cutting out these sort of propblems for the LL. You can lead a horse to water, but you can not make it drink. You can give the tenants the best advice and incentive's and means to pay there rent independantly from getting HB to do it automacticaly, does not mean that they will do it. Link to comment Share on other sites More sharing options...
simhar Posted March 18, 2008 Report Share Posted March 18, 2008 hmm, only thing that i can see that would help in the whole situation, the tenant's will be falling behind quicker as they will not be going behind by £15-£20 per week, but the full rent of £70-£80. so means you can serve a section 8 quicker. other than that, not really a massive help in cutting out these sort of propblems for the LL. You can lead a horse to water, but you can not make it drink. You can give the tenants the best advice and incentive's and means to pay there rent independantly from getting HB to do it automacticaly, does not mean that they will do it. I suppose there's no chance of them paying by DD? ) cheers simhar Web: Properite Landlord Software - http://www.properite.co.uk Link to comment Share on other sites More sharing options...
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