FAO soovy or other legal minded people. advice please.
Discussion
Hi all, I'm currently experiencing an issue with a tenant renting our other house, and hoped you could offer some advice.
The situation is thus......
The tenant has been occupying the house since 05, initially with her husband, but they have subsequently split, and she now lives there alone. We pay the mortgage from our account, and she pays us rent into a seperate account which makes up the bulk of our mortgage payment.
In July 08, the tenant contacted us to say that her housing benefit was being cut, and she didn't think she would be eligible for support in renting our property as it was too large to justifiably be used for just her and her 2 year old son. The tenant requested that we write her a letter, informing her of our plans to evict her (this to strengthen her case with the LHA in finding hera new property) and this we did.
My other half and I then received a letter from the LHA stating that we couldn't evict her unless she has withheld rental payments for two months or more, we contacted the tenant who informed us she was now planning on remaining in the property, and could afford to do so, and the matter was left.
Fast forward to the present day, and no payment for rent from the tenant since mid July. We have contacted her last week, when we checked our statements, and realised this was the case. Our tenant is now stating that her bank are telling her that the standing order to our account has shown up as having gone out, mysteriously however it has dissappeared into the ether, as it certainly hasn't entered our account.
Hmmmm....... Our thoughts are that she is skint, and has cancelled the standing order as the LHA have concluded their contribtutions towards renting a property that is clearly too large for a single mother and one child.....
What are other peoples thoughts on the above situation? and any suggestions of a plan of action. This is the first issue we have had whilst renting to a third person, and whilst mistakes have undoubtedly been made, we would like to resolve the situation lawfully, and with our property intact...
The floor is yours,
Many thanks all,
Finkers.
PS: she is a bit pikey, and yes that was our first mistake.
The situation is thus......
The tenant has been occupying the house since 05, initially with her husband, but they have subsequently split, and she now lives there alone. We pay the mortgage from our account, and she pays us rent into a seperate account which makes up the bulk of our mortgage payment.
In July 08, the tenant contacted us to say that her housing benefit was being cut, and she didn't think she would be eligible for support in renting our property as it was too large to justifiably be used for just her and her 2 year old son. The tenant requested that we write her a letter, informing her of our plans to evict her (this to strengthen her case with the LHA in finding hera new property) and this we did.
My other half and I then received a letter from the LHA stating that we couldn't evict her unless she has withheld rental payments for two months or more, we contacted the tenant who informed us she was now planning on remaining in the property, and could afford to do so, and the matter was left.
Fast forward to the present day, and no payment for rent from the tenant since mid July. We have contacted her last week, when we checked our statements, and realised this was the case. Our tenant is now stating that her bank are telling her that the standing order to our account has shown up as having gone out, mysteriously however it has dissappeared into the ether, as it certainly hasn't entered our account.
Hmmmm....... Our thoughts are that she is skint, and has cancelled the standing order as the LHA have concluded their contribtutions towards renting a property that is clearly too large for a single mother and one child.....
What are other peoples thoughts on the above situation? and any suggestions of a plan of action. This is the first issue we have had whilst renting to a third person, and whilst mistakes have undoubtedly been made, we would like to resolve the situation lawfully, and with our property intact...
The floor is yours,
Many thanks all,
Finkers.
PS: she is a bit pikey, and yes that was our first mistake.
The Curn said:
Could she provide any services in kind instead of rent?
She could, but she is not very pleasant. If however you wished to use her, and go at it like a barn door in a gale, whilst shouting "Pay your rent on time", and in turn pay her an amount of your choosing, to give her the opportunity to pay the rent..............Then you are very welcome sir!
batfink79 said:
The Curn said:
Could she provide any services in kind instead of rent?
She could, but she is not very pleasant. If however you wished to use her, and go at it like a barn door in a gale, whilst shouting "Pay your rent on time", and in turn pay her an amount of your choosing, to give her the opportunity to pay the rent..............Then you are very welcome sir!
Infact, f
k it, I'll cut to the chase and just pay you directly. I understand that the going rate from the Kerry Katona thread is £5.52 per hour.batfink79 said:
You really don't want to go near her fella, she's dirty, and not in the good way!
Am I within my right to wait for her to go to work, gain access to the property, and empty it of her belongings, and change the locks?
Ta
Because she's a month late with her rent? I doubt it some how.Am I within my right to wait for her to go to work, gain access to the property, and empty it of her belongings, and change the locks?
Ta
Olf said:
batfink79 said:
You really don't want to go near her fella, she's dirty, and not in the good way!
Am I within my right to wait for her to go to work, gain access to the property, and empty it of her belongings, and change the locks?
Ta
Because she's a month late with her rent? I doubt it some how.Am I within my right to wait for her to go to work, gain access to the property, and empty it of her belongings, and change the locks?
Ta
Edited by batfink79 on Thursday 21st August 21:41
You need to serve the tenant with 2 months notice under a section 21 Notice, that Notice should be served on the day/date in the month the rent is due payable.
A section 21 Notice requires the landlord to give no reason for giving the Notice.
After the 2 months, the landlord can then apply to the Courts for possession of the property (accelerated procedure) using form N5B on http://www.hmcourts-service.gov.uk/ (see forms and fees) cost £150
A section 21 Notice requires the landlord to give no reason for giving the Notice.
After the 2 months, the landlord can then apply to the Courts for possession of the property (accelerated procedure) using form N5B on http://www.hmcourts-service.gov.uk/ (see forms and fees) cost £150
Wings said:
You need to serve the tenant with 2 months notice under a section 21 Notice, that Notice should be served on the day/date in the month the rent is due payable.
A section 21 Notice requires the landlord to give no reason for giving the Notice.
After the 2 months, the landlord can then apply to the Courts for possession of the property (accelerated procedure) using form N5B on http://www.hmcourts-service.gov.uk/ (see forms and fees) cost £150
Thanks, thats very helpful. so, effectively we have to give her an extra two months notice, on top of the two months that she hasn't been paying rent for?A section 21 Notice requires the landlord to give no reason for giving the Notice.
After the 2 months, the landlord can then apply to the Courts for possession of the property (accelerated procedure) using form N5B on http://www.hmcourts-service.gov.uk/ (see forms and fees) cost £150
So you did what she wanted by writing to them, and they told you she needed to not pay rent for 2 months...info which you then told her, and suddenly, she is not paying the rent....? She's trying to do what she said she was going to do by making them find her somewhere else? So step on them to speed them up
Do I need to speed "them" up though? I presume by "them" you mean the LHA? shirley she has now not paid two months rent and I can evict her as and when? The flipside of this being that I am sure she is protected by the law, and I have to follow the proper channels. By this, I mean the application to the courts to seek posession of the property.............
Grrr!
ETA; I have just had a look at the AST agreement she signed, apparently if rent is outstanding after 21 days, then the contract is in breach, and we can apply to seek repossession.......
Grrr!
ETA; I have just had a look at the AST agreement she signed, apparently if rent is outstanding after 21 days, then the contract is in breach, and we can apply to seek repossession.......
Edited by batfink79 on Thursday 21st August 23:13
batfink79 said:
Wings said:
You need to serve the tenant with 2 months notice under a section 21 Notice, that Notice should be served on the day/date in the month the rent is due payable.
A section 21 Notice requires the landlord to give no reason for giving the Notice.
After the 2 months, the landlord can then apply to the Courts for possession of the property (accelerated procedure) using form N5B on http://www.hmcourts-service.gov.uk/ (see forms and fees) cost £150
Thanks, thats very helpful. so, effectively we have to give her an extra two months notice, on top of the two months that she hasn't been paying rent for?A section 21 Notice requires the landlord to give no reason for giving the Notice.
After the 2 months, the landlord can then apply to the Courts for possession of the property (accelerated procedure) using form N5B on http://www.hmcourts-service.gov.uk/ (see forms and fees) cost £150
Wings, First of all, thanks for your help.
I have just had a look at the AST agreement she signed, apparently if rent is outstanding after 21 days after the date on which it is due, then the contract is in breach, and we can apply to seek repossession, is this correct?
I think I may stick to trying to rehabilitate people with long term mental health issues! its easier!
I have just had a look at the AST agreement she signed, apparently if rent is outstanding after 21 days after the date on which it is due, then the contract is in breach, and we can apply to seek repossession, is this correct?
I think I may stick to trying to rehabilitate people with long term mental health issues! its easier!
batfink79 said:
Do I need to speed "them" up though? I presume by "them" you mean the LHA? shirley she has now not paid two months rent and I can evict her as and when? The flipside of this being that I am sure she is protected by the law, and I have to follow the proper channels. By this, I mean the application to the courts to seek posession of the property.............
Grrr!
ETA; I have just had a look at the AST agreement she signed, apparently if rent is outstanding after 21 days, then the contract is in breach, and we can apply to seek repossession.......
My local Council's Benefit Housing Department will pay the rent direct to the landlord, where a tenant on housing benefit has failed to pay rent to the landlord for 2 months. It is for the landlord to report the non payment to the Council's Benefit Housing Department.Grrr!
ETA; I have just had a look at the AST agreement she signed, apparently if rent is outstanding after 21 days, then the contract is in breach, and we can apply to seek repossession.......
Edited by batfink79 on Thursday 21st August 23:13
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