DHSS tenant asks to be evicted?
DHSS tenant asks to be evicted?
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Discussion

tight fart

Original Poster:

3,600 posts

303 months

Tuesday 6th August 2019
quotequote all
I have a tenant who was on a disability benefit, it’s been withdrawn and he’s told me he won’t be able to pay the rent due at the end of this month and could I evict him.
I guess it’s his best route to being rehoused by the council.
But I fear if I don’t go about it in the correct way it will be a nightmare.
Any tips on what I should do?

singlecoil

35,834 posts

276 months

Tuesday 6th August 2019
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Get insured professional advice. Prepare for a few months of no rent.

One of the downsides of being a landlord.

dazwalsh

6,115 posts

171 months

Tuesday 6th August 2019
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Firstly do not believe a single word that comes out of the tenants mouth from here on in. From experience they will just try and drag out the process for as long as possible by feeding you such bks as “i rang the council on friday and they said they will reinstate the benefits in 2 weeks” Or “i am on the priority housing list”

Issue a section 21 notice NOW. As the tenant wants to be evicted anyways they should be open to signing a receipt so that you have proof it was served. Date the service for 2 months and 3 days and then apply to the courts for repossession the day after that section 21 expires.

Depending on when the tenancy started you may need to prove you have given them a copy of the various bullst stuff that we are now required to give at tenancy start, mainly EPC, how to rent booklet, etc.

If it were me i would give him the offer of like £300 cash to leave within 7 days, paying on receipt of keys being returned and all possessions removed and a surrender of tenancy signed. It may seem daft paying someone who owes you money but you it will save you thousands in the lost rent and court and bailiffs fees.

beko1987

1,720 posts

164 months

Tuesday 6th August 2019
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Never having done this myself I am on the other side of the view, one of my neighbors is doing/has done the same, openly said she was waiting to be evicted so she could go onto the council... She left a few weeks ago after probably 5 months of waiting to be evicted...

I had little sympathy for her, lots of sympathy for the poor old couple who came in to sort the house out after, helped the guy move a fked fridge out to the skip as I came home from work as he was struggling and it's a st hole inside, worlds away from my identikit house with tired decor (but which I shut up about because I don't want a rent increase to go with a full redecorate), fairly trashed, but in that non physical way, every surface needed a wash, carpets replacing etc.

Get them out fast! I almost asked how much the rent was and switched from my house but they guy said it was going up for £90 more than I pay a month. I'll keep being a good tenant where I am I think!

markcoznottz

7,155 posts

254 months

Tuesday 6th August 2019
quotequote all
beko1987 said:
Never having done this myself I am on the other side of the view, one of my neighbors is doing/has done the same, openly said she was waiting to be evicted so she could go onto the council... She left a few weeks ago after probably 5 months of waiting to be evicted...

I had little sympathy for her, lots of sympathy for the poor old couple who came in to sort the house out after, helped the guy move a fked fridge out to the skip as I came home from work as he was struggling and it's a st hole inside, worlds away from my identikit house with tired decor (but which I shut up about because I don't want a rent increase to go with a full redecorate), fairly trashed, but in that non physical way, every surface needed a wash, carpets replacing etc.

Get them out fast! I almost asked how much the rent was and switched from my house but they guy said it was going up for £90 more than I pay a month. I'll keep being a good tenant where I am I think!
People gaming the system? Whatever happened to the council not rehoming individuals who make themselves intentionally homeless?.

Groat

5,637 posts

141 months

Tuesday 6th August 2019
quotequote all
tight fart said:
I have a tenant who was on a disability benefit, it’s been withdrawn and he’s told me he won’t be able to pay the rent due at the end of this month and could I evict him.

Any tips on what I should do?
Unless he has started work, all that has happened is that his income benefit is being changed from DB to a n other....probably ESA.

Doesn't affect his entitlement to HB (which you should get him to mandate directly to you).

https://www.gov.uk/employment-support-allowance/mo...

(ps: if he's a 'professional' claimant, the change shouldn't even affect the amount of income benefit he receives - not that that's anything to do with you).


Edited by Groat on Tuesday 6th August 17:52

p4cks

7,517 posts

229 months

Tuesday 6th August 2019
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markcoznottz said:
People gaming the system? Whatever happened to the council not rehoming individuals who make themselves intentionally homeless?.
There's a difference between engineering an eviction which will result in being rehomed by the council and those who voluntarily choose to leave their residence who won't. It's an absolute joke of a system for landlords.