DHSS nightmare

[pin]

Hello all, great website

We got involved in a DHSS tenant who is a total nightmare. Heseems to know all the legal loopholes in the DHSS system and is using thismeans to twist & turn to his advantage; furthermore the authorities arefirmly on his side.

It has gone as far as that we are no longer allowed near ourproperty, due to the fact he has made fabricated claims against us to thecouncil. All the doors & windows are blanked out and you can’t see what isgoing on in the property.

He owes considerablerent arrears, and now the council have stopped paying their portion of the rentto add insult. He is also subletting we believe and have informed the council,but they don’t seem to be concerned.

The AST has run out & he is on the councils list to berehoused. We have used one of the independent companies on your website, so thenotices are served independently and with a witness. It will go to court &be long winded; we are told to expect this, as the advice from the council isstay put till the bailiffs come knocking.

Is this the generalpolicy? and how can we get what is outstanding from this individual? Are thecouncil under no legal obligation to inform us of his status? Also any good legal representation that can be recommended?

Any advice would be grateful. Thanks

[Melboy]

Rotton luck!

I think one of the greatest drawbacks in renting to a DHSS tenant through the Council is when there is a clear problem of abuse by that tenant the Council just don't want to know and completely wash their hands of the problem like it is nothing to do with them amd then have the audacity to give advice to the tenant of how to stay in place and avoid paying the rent. Bonkers!!

It's time the playing field was levelled out a bit and it's quite simple.....you pay rent to a landlord for a place to live in peace and if you don't pay that rent......your out! no if's... no but's.

Landlord's are not registered charities and should not be treated as such by the chinless wonders hiding behind the data protection act in local councils.

Mel.

[Mortitia]

I agree with Mel the system is mad and needs reforming.

From what I have observed once you have been granted the posession order via S21 the council usually take steps to re-home the persons affected without you having to get the bailiff in. Then all you have to do is the clearing up!

Wonderful.

Mortitia

[Trenners]

Hi Pin,

Dealing with DHSS tenants is a specialist area. I have made a very good living out of the DHSS tenant but have also had to deal with all sorts of nightmare scenarios and, to the less specialised landlord, I can understand why you can end up running around in circles.

The main problem is that the Council (ie: local housing department) are responsible for trying to find tenants housing but the Benefits office (totally separate entity and often outsourced to a third party by the Council) are responsible for assessing benefit claims and paying Housing Benefit to the tenant (or if the tenant falls into rent arrears then changing payments to the landlord).

The Council will not share information with the landlord (in regard to the tenant) unless the tenant has signed a "sharing of information" form. We get all our tenants to sign one of these - giving us permission to talk in detail to the Benefit office - as soon as the tenant moves in.

I would do the following :-

1) Issue a Section 21 notice demanding possession.

2) Write to the local Councillor who is responsible for Housing. Tell him you need his help. Tell him you are thinking about going to the media to explain how the Council have left you with the "tenant from hell". Ask him to arrange a meeting FOR YOU TO ATTEND with the HEAD OF HOUSING for the Private Rented Sector.

3) The Councillor will respond and almost certainly get that meeting ... he is unlikely to attend himself because he will deem the meeting "operational".

4) Go to the meeting - explain your situation - ask if they can help you get the Benefit back into payment (the Benefit office would have suspended the tenant claim because they failed to provide information that the Benefit Office have demanded). Please for their help in getting the claim back into payment .... Plead for their help in re-housing the tenant asap!

Most Councils do not want adverse publicity .... they are trying to encourage landlords to take DHSS tenants ..... they don't want a negative media storm.

It is within their power to re-house your nightmare tenant - but you need to reason with them ... rather than threaten them ...

Send me a personal email if you want to discuss this further offline ....

Good luck,

MArk

[Melboy]

Hi Pin,

Dealing with DHSS tenants is a specialist area. I have made a very good living out of the DHSS tenant but have also had to deal with all sorts of nightmare scenarios and, to the less specialised landlord, I can understand why you can end up running around in circles.

The main problem is that the Council (ie: local housing department) are responsible for trying to find tenants housing but the Benefits office (totally separate entity and often outsourced to a third party by the Council) are responsible for assessing benefit claims and paying Housing Benefit to the tenant (or if the tenant falls into rent arrears then changing payments to the landlord).

The Council will not share information with the landlord (in regard to the tenant) unless the tenant has signed a "sharing of information" form. We get all our tenants to sign one of these - giving us permission to talk in detail to the Benefit office - as soon as the tenant moves in.

I would do the following :-

1) Issue a Section 21 notice demanding possession.

2) Write to the local Councillor who is responsible for Housing. Tell him you need his help. Tell him you are thinking about going to the media to explain how the Council have left you with the "tenant from hell". Ask him to arrange a meeting FOR YOU TO ATTEND with the HEAD OF HOUSING for the Private Rented Sector.

3) The Councillor will respond and almost certainly get that meeting ... he is unlikely to attend himself because he will deem the meeting "operational".

4) Go to the meeting - explain your situation - ask if they can help you get the Benefit back into payment (the Benefit office would have suspended the tenant claim because they failed to provide information that the Benefit Office have demanded). Please for their help in getting the claim back into payment .... Plead for their help in re-housing the tenant asap!

Most Councils do not want adverse publicity .... they are trying to encourage landlords to take DHSS tenants ..... they don't want a negative media storm.

It is within their power to re-house your nightmare tenant - but you need to reason with them ... rather than threaten them ...

Send me a personal email if you want to discuss this further offline ....

Good luck,

MArk

No doubt about it Mark you are the expert on all matters concerning DHSS Tenants and the problems associated with them when problem matters arise but in your reply (items 1-4) this has to be the exact reason why any LL would NOT want to rent to DHSS.

When problems do happen then there should quick and decisive action taken to resolve the problem by all parties.....not a nightmare of endless, pointless meetings to get to a solution of a non paying tenant because they have spent their rent money on other things rather than paying their rent to the landlord.

Time there was a total review and revamp on DHSS tenancy and this time bring in a new set of rules whereby the Landlord is the No.1 priority and not the tenant for I believe that if that was to be the case more private landlords would enter the DHSS ring and help ease the rented housing shortage in the UK. A good start with immediate effect is to pay the rent directly to the landlord and not the tenant.

Mel.

[Trenners]

No doubt about it Mark you are the expert on all matters concerning DHSS Tenants and the problems associated with them when problem matters arise but in your reply (items 1-4) this has to be the exact reason why any LL would NOT want to rent to DHSS.

When problems do happen then there should quick and decisive action taken to resolve the problem by all parties.....not a nightmare of endless, pointless meetings to get to a solution of a non paying tenant because they have spent their rent money on other things rather than paying their rent to the landlord.

Time there was a total review and revamp on DHSS tenancy and this time bring in a new set of rules whereby the Landlord is the No.1 priority and not the tenant for I believe that if that was to be the case more private landlords would enter the DHSS ring and help ease the rented housing shortage in the UK. A good start with immediate effect is to pay the rent directly to the landlord and not the tenant.

Mel.

Hi Melboy,

The current reductions in Housing Benefit - and therefore DSS rents that are being implemented in April 2011 as part of the Government austerity measures will mean that benefit can be paid directly to landlords again (like it used to be before LHA was introduced in April 2008). This is a step in the right direction for those landlords prepared to reduce their rents to the new benefit levels.

The problem with swinging the legislation too far towards the landlord is that there are many immoral landlords in our society who would rent sub-standard properties to DSS tenants (as they have no where else to live and are some of the most vulnerable people in our society).

I agree that changes need to be made ..... far too many landlords are losing far too much money ....

BUT we also need to protect the DSS tenants from immoral landlords that provide rental property with no heating or hot water or sanitation and the tenants are too frightened to complain because they fear eviction .....

The idea of paying the tenant the benefit was that they could choose which landlord to do business with ..... in reality though .... a lot of them simply did not pay their landlord their benefit money (even when their landlord was providing them with a nice, well maintained, property)

Mark

[Melboy]

Hi Melboy,

The current reductions in Housing Benefit - and therefore DSS rents that are being implemented in April 2011 as part of the Government austerity measures will mean that benefit can be paid directly to landlords again (like it used to be before LHA was introduced in April 2008). This is a step in the right direction for those landlords prepared to reduce their rents to the new benefit levels.

The problem with swinging the legislation too far towards the landlord is that there are many immoral landlords in our society who would rent sub-standard properties to DSS tenants (as they have no where else to live and are some of the most vulnerable people in our society).

I agree that changes need to be made ..... far too many landlords are losing far too much money ....

BUT we also need to protect the DSS tenants from immoral landlords that provide rental property with no heating or hot water or sanitation and the tenants are too frightened to complain because they fear eviction .....

The idea of paying the tenant the benefit was that they could choose which landlord to do business with ..... in reality though .... a lot of them simply did not pay their landlord their benefit money (even when their landlord was providing them with a nice, well maintained, property)

Mark

Oh! I agree Mark with your comments but DHSS tenants can be protected to a degree by ensuring that the property being rented to them meets a minumum criteria like heating & sanitation and I thought this was carried out by council housing inspectors anyway prior to occupation.

The rent scheme introduced by the last Labour Government of paying the tenant directly, like many of their interfering policies, (HIP's !! ) has proven to be an abject failure of policy and should be reversed now, not later.

Mel.