Evicting a tenant for rent arrears

[bb41]

I have issued a Section 8 on my tenant who is well behind with the rent. They have a certain amount paid by housing benefit which is paid directly to me and the rest comes from the tent . It works out to be 48.00 a week approx which they have to cover.

The rent owing is 1900.00 and the last payment made by the tenant was early February. I have tried to give payment plans which would allow the tenant to stay , but so far nothing.

On section 8 I have given until 25th October as a date which I can then apply to court. It appears the rent won't be paid and wonder due to the long wait could I actually apply now as the hearing would be past the 25th October.

Also it seems the tenant is going to ignore the court order so what can I do next .

The tenant is now out of contract as well

[Kati]

Re: Evicting a tenant for rent arrears

tagging [MENTION=15129]Crazy council[/MENTION] (he'll know what you need to do ) xx

[bb41]

Re: Evicting a tenant for rent arrears

Cheers Kati, after 12 years with the same tenant I never thought this would happen, I presume they have major financial troubles and I have tried various payment plans to offer them but now I get abusive messages. I hate to do this but as they won't contact me at all I am left with no option

[Diana M]

Re: Evicting a tenant for rent arrears

after 12 years with the same tenant I never thought this would happen, I presume they have major financial troubles and I have tried various payment plans to offer them but now I get abusive messages. I hate to do this but as they won't contact me at all I am left with no option

Have you advised your Tenant of the option to apply for DHP (Discretionary Housing Payment)? This is when a Local Authority can top up Housing Benefit (a fixed allowance) in the case of hardship or mental/physical health problems.

http://england.shelter.org.uk/get_ad...using_payments

I doubt it can be backdated which doesn't solve the problem of the arrears.

If the Council are still paying you the LHA direct then the Tenant's entitlement to HB hasn't stopped, so it's the £48 per week shortfall they've not being paying since February.

Do you know how they were managing to pay the top-up before February and why that's no longer possible? LHA was introduced in April 2008 (while your Tenant was already in situ) so what's changed? Were they relying on child maintenance or some other benefit which has stopped?

I assume you intend to replace the Tenant with one from the private sector i.e. not claiming benefits, because you may encounter the same problem with the next one if the LHA is below the rent you are charging.

If the AST has passed the fixed term then you can serve a section 21 Notice can't you? That is a 'no fault' route to eviction. When that expires you seek possession through the court followed by bailiffs. You'll remove the Tenant but not recover the rent arrears if they simply don't have the money.

If the Tenant is only replying with abusive texts it may be because they're scared of becoming homeless. In which case text them the Freephone number of Shelter and ask them to seek advice. It's 0808 800 4444.

Di

[bb41]

Re: Evicting a tenant for rent arrears

Diana, thank you so much , The tenant is working full time as she has lost custody of her child back in March. Yes it is 48.00 per week the tenant had to pay , the rest being made up in HB.

I agree she may be scared but it won't help the situation. I could put a private tenant in as I don't want to sell the property but I'm not sure when the property will be vacant and in what state.
I agree I will probably never recoup the loss and I have bent over backwards to help.

The info you have given is invaluable and really appreciate it.

I am not sure how HB is still being paid as she has been working full time since May .

I will keep you informed of what happens next after giving her those numbers

[Diana M]

Re: Evicting a tenant for rent arrears

The tenant is working full time as she has lost custody of her child back in March. Yes it is 48.00 per week the tenant had to pay , the rest being made up in HB.

I knew they'd be a reason. A good Tenant rarely turns rogue without a genuine problem behind it.

If she lost custody of her child in March that could be what's triggered the rent arrears since she could have also lost child maintenance/benefit at the same time (when your rent arrears began to accrue).

Non communication by her is not helping.

Perhaps she's fighting a legal battle to get her child back and is hoping to regularize her benefit payments again if that happens. But she needs to tell you. If she can't tell you she should tell a third party and ask them to contact you (Shelter will sometimes talk to Landlords direct).

I'm a Landlord (amongst other things) so I know what it's like to have rent arrears and a mortgage to pay. Tenants don't think like that. For some reason they presume we're all millionaires.

Issuing the section 8 Notice may have done her a favour. Firstly it will help her to focus on the reality of the situation, and secondly if she shows it to the Housing Team they may agree to her DHP application in preference to rehousing her if she's made homeless (because it will be cheaper for them).

Di

[bb41]

Re: Evicting a tenant for rent arrears

Thanks Diana, it seems she won't get her son back and I find out this afternoon she has moved in a partner . I'm shocked at how what seemed a level headed tenant has succumbed to such bad times.
I believe in a manageable rent with a long term tenancy which will never make me a wealthy person but it's my pension , I have another property which has gone on for many years without a hitch. At the beginning I always tell them that it is their home and I won't be selling , they can decorate how they want as long as if they leave they use copious amounts of magnolia.. I make sure I arrange the gas safety inspection to fit in with their schedule and as they are not as lucky as you and I have helped out where I can,
I will make her aware of your advice and I have also sent a copy to the benefit team as well.
I feel so sad as I Know she has difficulties sometimes , just wish I could do more but as I said it is my pension
Your advice has been invaluable thank you

[Crazy council]

Re: Evicting a tenant for rent arrears

hi [MENTION=50128]bb41[/MENTION]

I fully understand that these dissisions are hard but, push through. I still do evictions ( difficult ones ) so i know sometimes you can get caught up in the circumstances with the tenat, but, i always considered, that the LAW helps with that by setting the line at 8 weeks

Using ground 8 ( 8 weeks rent arrears ) means that the tenants has had a lot of time to try sort things, is a lot of arrears to start with, and any mortgage company ( especially by to let ) would act to recover the property from the landlord, with costs starting at £ 500 plus. ----------- So you have been as reasonable as the law expects you to-----

If the person really had much chance of keeping her kid, then usualy the HB would be paid for a further 6 month or at least whilst the SS are involved.

The formal eviction might be just what she needs to kick start things. and not evicting them might be worse for them in the intermediate term.

Also it seems the tenant is going to ignore the court order so what can I do next .

Depending on the court, usually these are faily fast to list ( 2 - 6 weeks but you can ask for asap ). at 8 weeks its mandatory for the judge/magistrate to act. Its just if they give the tenat 2 weeks or 4 weeks ( as long as the paperwork done right )

After that, how you go forward depends on
1, how fast you need possession
2. how much a fight back the tenat my give

Once you have the possession order, you can use normal or high court route, That can take from a few days to 4-6 weeks

A side note ( this would be in my consideration )

Just becuase the tenants been there for 12 years ( as long as the rents not been to difficult before ), i would give them some more time that normal if i had the room.

But, if i personaly considered, that were having other problems, ( alcohol or substance ), i would act as fast as possible.

[bb41]

Re: Evicting a tenant for rent arrears

CC, yes I think something major has happened and really believe there is something like drugs or alcohol, I have been aware for some time this maybe the case but I think since the child left this has spiralled.

I feel as though I'm a parent as you get to know them after a long time but I'm probably enabling them to not get them to face up to the problem . Thank you for all the help, it's been invaluable