stephheaton Posted August 11, 2011 Report Share Posted August 11, 2011 Hi I have a house rented out by a young couple who I have issued a section 21 to as they have failed to pay the rent on time every month and failed to be in when arranged numerous times for work to be carried out. I issues the section 21 notice on 30th July as the rent was due on 1st August. I got it in writing that the tennants accepted the section 21 notice and agreed to pay the 2 months rent on time, however they have failed to pay. I spoke to one of the tennants on Monday and she said she would find out from the housing benefit that day when they would pay her and would ring me back. Since then she has failed to call, whenever I call her she switches the phone to answerphone, despite leaving messages they do not get back to me and I have been to the property twice today and they are clearly in but refuse to anser the door. I know they have sought advice from citizens advice and because of this I they will not advise me as it is a conflict of interest. I have a clause in the contract that states if they do not pay the rent on time after 14 days I can send a letter and charge interest. I am worried that when/ if they move out I will not have a contact address for them, if I need to go to court for my money. Any advice would be welcome. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted August 11, 2011 Report Share Posted August 11, 2011 You're being stuffed. I assume there is no guarantor or I would suggest involving them. Get your house back the fastest way, legally is advisable. S21 is least complicated, S8 may be faster but not always, especially if a defence can be 'created'. Going to court to get your money back is usually wasted effort in these cases. You can of course go to the HB to have payments made direct to you, there is always a risk of being required to pay it back if the claim is faulty. One advantage of this is that the T's may move to someone else to stuff when they no longer get the bonus of HB for themselves. Sorry I don't see how to bring you good happy news, I view that you are just another of thousands that are stung this way. Link to comment Share on other sites More sharing options...
Mortitia Posted August 12, 2011 Report Share Posted August 12, 2011 Pizhelp, Don't keep going to the door of your tenants or they will cry harassment. It is quite common for tenants to not allow any contact when you get to this stage so don't waste your time. If tenants don't go in 2 months apply for court order and wait more time for that to get possession of your property. Are they likely to pay any interest - no - get real and just get the property back as anything else is a bonus. . Somehow I don' t think section 8 is for you as you say that tenants would not allow repairs - they will use 'disrepair' as a defence and you will have wasted your time. Mortitia Link to comment Share on other sites More sharing options...
stephheaton Posted August 12, 2011 Author Report Share Posted August 12, 2011 Pizhelp, Don't keep going to the door of your tenants or they will cry harassment. It is quite common for tenants to not allow any contact when you get to this stage so don't waste your time. If tenants don't go in 2 months apply for court order and wait more time for that to get possession of your property. Are they likely to pay any interest - no - get real and just get the property back as anything else is a bonus. . Somehow I don' t think section 8 is for you as you say that tenants would not allow repairs - they will use 'disrepair' as a defence and you will have wasted your time. Mortitia Link to comment Share on other sites More sharing options...
stephheaton Posted August 12, 2011 Author Report Share Posted August 12, 2011 Hi I have finally got the work done and they have paid rent since the work has been done, they have only stopped since I issued a section 21....Which I did in response to a written reuest from them. Is it still not worth not issueing a section 8? I am worried that they have been advised to stay in the property until I get the bailiffs in which is going to take a long time. I have even tried to report them to the housing benifits for not using the money they recieve as it should be. They have told me that so long as they are living in the property they are claiming for they are entitled to it even if they are not paying the rent. I really don't know what to do as I can't afford to pay the mortgage without rent coming in so any advice is welcome please Link to comment Share on other sites More sharing options...
Carryon Regardless Posted August 12, 2011 Report Share Posted August 12, 2011 Apply for HB direct. Link to comment Share on other sites More sharing options...
stephheaton Posted August 12, 2011 Author Report Share Posted August 12, 2011 Hi I have been in today and cant do this until they are 8 weeks in arrears. I tried to report them for benefit fraud but because they are living at the property that they are claiming for they are still eligible for the money even though they are not paying for the house they are living in. I have been told that what they do with the money is up to them and it is up to me to take them to court for it......Can you believe they are not commiting fraud????????? Link to comment Share on other sites More sharing options...
Melboy Posted August 13, 2011 Report Share Posted August 13, 2011 Hi I have been in today and cant do this until they are 8 weeks in arrears. I tried to report them for benefit fraud but because they are living at the property that they are claiming for they are still eligible for the money even though they are not paying for the house they are living in. I have been told that what they do with the money is up to them and it is up to me to take them to court for it......Can you believe they are not commiting fraud????????? Welcome to the crazy world of DSS Housing payments as introduced by the previous Labour Government. The reason? To give tenants a sense of responsiblity in handling their money and financial affairs. The fact the money was coming from the taxpayer did not count. Is anyone else writing to Grant Shapps Tory Housing Minister apart from me about tenents lack of responsibility and to get the housing benefit paid directly to the landlord? Mel. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted August 13, 2011 Report Share Posted August 13, 2011 I'm a little apathetic to be honest. Evict them or don't take them is the choice really. Or at least have a guarantor tied in. As a response to more evictions I would think it more likely that legislation would just make it more difficult for us to regain possession in these cases. It seems the courts are doing this anyway so we see where the sympathy lies. Link to comment Share on other sites More sharing options...
cathyr Posted August 13, 2011 Report Share Posted August 13, 2011 get the HB direct! remember that Ts have to respect your contract in terms of date of payment, what I mean is if you say rent is due on the first of the month in advance, that means they have to pay on the first even tho HB is paid in arrears. so as soon as they miss the rent payment for month 2, they are 8 weeks in arrears. if that is the case, don't get fobbed off by your council, make sure you get all future HB. like other posters have said I would now give up with communications with the tenant, just get them out thru s21 and put it down to experience, concentrate your communications on the council the day you hit 8 wks arrears. like others I am a bit cynical about this change to HB payments direct to tenants to "engender responsibility". funny how it was only private sector tenants who needed to be responsible, not social housing tenants!! Link to comment Share on other sites More sharing options...
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