Redirecting HB

[Carryon Regardless]

A little background, for entertainment really.

A T (with 13 yo daughter) since late 07, no deposit as there was no chance and the best option at the time, has floundered.

Over the years he's been up and down a little but on the whole ok with rents. watching the signs I believe he has responded to the calling of the bottle, again.

Rents have been slipping, and attitude less cordial. Now I believe he has lost the will to recover his rental situation. My judgement is that I'm not really expecting any more rents direct from him.

In fact besides my buying his booze, last week his Step Father died and it seems I bought a suit for the funeral. My generosity is without limit, or so it seems.

So He's HB and the next move is to redirect payments to me. As yet he is less than 2 x monthly rent in arrears, that will occur on the 20th. There is the principle that when in arrears by 1month and 1 day we may attempt repossession as 2 months arrears, but does this apply to HB.

My thoughts are that when they view the statement they will reject my request until the actual amount is 2 x the monthly rent ??

[Mortitia]

Surely tenants on HB don't get special conditions regarding arrears?

I feel sorry for the man's daughter in all this - what a dreadful life and the next generation of troubled tenants...

Mortitia

[Carryon Regardless]

I think my question was ambiguous.

I don't have preference to repossess as the area (Accrington) is very depressed, much more so than when I considered it wise to buy there. In truth I'm very pleased to have sold 2 there back in 2008, nowadays that isn't a realistic option. Making the best of what is is the way now.

Gaining a better quality T is far from a good possibility. With this T I've had respect for what he has attempted for his daughter, the mother being less of a good guardian for her. But I'm in business and discussion, consideration, and negotiation are now resulting in confrontation. It feels like his frustrations need venting, so I'm backing off with communications as maybe he will realise and mellow.

From a business point of view I favour, at present anyway, allowing the arrears to remain and to take the rents from HB as would be paid. During a repossession claim and the refurb and void there are losses and these may well exceed his arrears. My aim is to minimise losses, fortunately this would be favourable to their situation also.

My question is, if I approach the HB for payments to be made direct to me do the arrears have to be more than 2 x the monthly rent ?

At the moment, due to irregular payments, the amount is just less than £100 inside that amount.

[Carryon Regardless]

Thanks for the prompt (Mortitia).

I've just rang the relevant HB department.

They have suspended the HB account payments from today. I must write a letter and demonstrate arrears (of 8 weeks +), a rental statement will do.

They will write to the T to ask why he isn't making payments. This is where he could claim disrepair is suppose and any subsequent inspection 'could' see a report of defects raised.

This wasn't a route I was aiming for but being aware that if I serve a S21 prior to such a report I could progress it later. A council inspector could, I believe, prevent the use of a S21.(Edit - if he beats me and serves an improvement notice ??)

That is a S21 would fail at court until the inspector had cleared remedial works listed, and it's anyone's guess what he might come up with.

[Grampa]

HB payments and what days they relate to have no bearing on a s8 notice or effect getting payments directly once the 1 month and 1 day have been reached. (unless stated in the contract)

If the rent is due 1st of the month and one full month and one day has passed (so 2 months in arrears/owing) HB payments can be paid direct to landlord and a S8, using g8,10,11 can be served. The dates relating to any HB payments recieved or in the pipeline are imaterial until you get it in your hands.

I dont think a S21 can be effected by a dispair claim. I stand to be corrected though.

I had s8 claim going through last year and was hampered by a smart arse legal aid solicitor (he was very good though and I got his card) who took the disrepair route. We then changed tact and relied on the s21 which was in place as well. It did the job without a peep from the solicitor..

[Carryon Regardless]

Thanks Grampa.

I've checked my files and I have a S21 that I served at the start of tenancy. This must be one of the last I did this way as it was some time ago that I stopped and now only serve when there is increased possibility of my using it.

So an inspector can do as he wishes if one gets involved, and I'm right about the power of a notice.

I would hope that HB will be paid direct this then being worth my while letting this run, as back burner, for a while.

I've no wish to renovate for the next git to abuse.

My Brother has a good few properties in the area, some let (and empty) with agencies. His management is lacking but the stories make me cringe.

Since this tenancy started the front door has been badly damaged, a few internal excess wear and tear items, and the outside loo disintegrated when frozen. Aside from an outside loo that has little purpose (due to inside fscilities) I don't feel a responsibility for the rest.

A few weeks ago a 4 foot x 4 foot front window went in, apparently due to local chaps ?? Mr T has no dosh so I paid. Any excess would make an insurance claim just extra admin.

Generally I consider if they create squaller they can live in it, but protecting my property takes priority.

An inspector would have a different view I'm sure.