Tenant not paying rent & never has !!!

[geek84]

Hi Folks

I let out my property for rent to a tenant about a month before Xmas. The lady is not working and she has three children who were in care at that time – she says they are still in care. (She split from her partner & got custody of the kids). At the time of letting the property out, she managed to convince me that she does not have enough money to pay any rent and promised me that she will be able to pay rent once she gets Housing Benefit. She also promised me that she will apply for Housing Benefit asap and that it was just a case of transferring the payments from her old property (where she was also paying rent, to my property). Foolishly, I took pity on her (single mum with 3 kids) and decided to give the keys to the property to her.

She has now been living there for about 6 weeks and keeps telling me that she has not heard anything about her Housing Benefit claim from the council, and when I call the council, they say that they can’t discuss the application with me because the tenant has instructed them not to do so.

Can you please advice what I should do in these circumstances?

Thanks in advance for your response.

[Melboy]

You are the architect of your own misfortune BUT of course you realise that......now.

You have no "friends" as a Landlord and you are about to learn that as a sharp lesson. You are not a registered charity and unfortunately there are tenants out there that will take landlord's such as yourself to the cleaners when it comes to rental payments etc.

It might work out OK for you in the end if the housing benefit comes through and I hope it does for you but from what you are saying it does appear you are heading for trouble.

Advice? start the eviction process asap and I do hope you have a signed & legal tenancy contract in place. Maybe that will hasten the Council to priority her application.

Good Luck!

[snorkerz]

Ironically Melboy, no tenancy agreement would possibly make this easier as a s21 could be issued for possession on the 6 month annivarsary or a s8 could be issued without the potential problems caused by s7.

Having read this on other forums, I happen to know there is an agreement in place.

[Richlist]

Here's my landlord checklist. Nos 2, 3, 4, 8, 9 & 17 apply in particular to you.

The most important thing that any potential landlord can do is choose their tenants very very carefully.

1. Get Referencies.....bank, employer and previous landlord.
2. Take out rent guarantee insurance.....its not expensive.
3. Get a home owning guarantor. Carry out reference checks on the guarantor. Give the guarantor a copy of the AST. Make sure the guarantor document is drawn up as a deed.
4. Don't let to people with pets or children......the risk of them giving you problems are big.

5. Don’t let to anyone under 18 (minors). Draw up your own limits….I prefer nobody under 25.
6. Don't let to smokers........you won't get rid of the smell.

7. Don’t do Company lets.

8. Don’t let to anyone on Housing Benefits.

8a. If you do choose to let to applicants on Housing Benefit CHECK that your mortgage & freeholder (if your property is leasehold) allows it.

9. Don't let to anyone who isn't working full time.
10. Inspect properties every 3 months.
11. Only let initially on a 6 month AST.....that way you can both part company after 6 months if you don't get on.
12. Use a reputable Lettings Agent OR one who has been recommended OR do it yourself (only if you know what to do).
13. Meet your tenants personally. Make sure you ask all the right questions and gauge whether they are right for you.

14. Protect the deposit in one of the official schemes.

14a. If you have a dispute with your tenant(s) over deductions from the deposit remember…..you can either go through the DPS adjudication process OR take the tenant to the Small Claims Court for recovery of your losses where you may have a better chance of success.

15. Issue a section 21 notice as soon as the deposit has been protected.

16. Make sure there is a detailed inventory & schedule of condition……signed by both parties.

17. Remember its a business....so avoid emotion & being overly sympathetic to your tenants.

18. Read as much as you can about renting & letting i.e. educate yourself.

19. Don’t let to anyone who doesn’t speak or understand English.

20. Don’t forget that you will need an Energy Performance Certificate (EPC)…….before you market the property.

21. Don’t forget to get an annual Gas Certificate.

22. You are responsible for ensuring anything electrical in the property is safe so consider getting the electrics checked professionally….and any appliances you provide.

23. Try to avoid having your property classified as an HMO……meeting regulations is expensive and time consuming.

24. Make sure all adults living at the property are on the AST & any other documents.

[Richlist]

Ironically Melboy, no tenancy agreement would possibly make this easier as a s21 could be issued for possession on the 6 month annivarsary or a s8 could be issued without the potential problems caused by s7.

Having read this on other forums, I happen to know there is an agreement in place.

Thats assuming that any deposit has been protected.