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I am a landlord and my tenant's rent has been paid to me direct from Universal Credit under a direct-to-landlord Alternative Payment Arrangement.
This month, I called UC when the rent payment wasn't received. I was told that they couldn't disclose why but that the tenant needed to check her Journal and also that the APA hadn't necessarily ended (he couldn't give more details). Indeed, I haven't received an e-mail or any correspondence from UC ending the APA.
Subsequently, I have received a letter from DWP saying I owe them the entirety of the last year's rent on the basis that the tenant left the property last May and that they have decided it would be reasonable for me to know about this.
In fact, all I knew last year was that the tenant was being moved temporarily and abruptly to a police safe house because she would be giving evidence against somebody in court, and that she would be returning thereafter. Because of this situation her phone number has changed and I've had no way of contacting her.
At no point did I or the tenant end the tenancy, her belongings are still at the property, and she still has the keys. When the rent didn't come through this month I did wonder whether she had decided to relocate permanently and has changed her address.
Can I challenge this decision on the basis that I could not have "reasonably known" that the claimant moved out of the property last May (which is when she went to the safe house)? I know it is an unusual situation but the tenancy was not ended and I have been expecting her to return. I've had no reason to think she had moved as I haven't been informed otherwise and the rent has continued to come direct to me. The police were unable to tell me much at the time for obvious privacy reasons.
If I have to repay the rent I've basically kept a property open for a year for nothing. On the flip side, if I'd ended the tenancy last May, I could've put myself at risk of being guilty of an illegal eviction, and in any case I would've had no way to communicate a Notice to Quit to her. Conversely, if she wanted to give up the tenancy, she could have sent me a letter if there was no easier way of contacting me. And it doesn't make sense that the rent has been paid the whole time.
For me to challenge my liability does it principally hinge upon whether or not it was "reasonable to expect" me to know about her moving out?
Thanks in advance.
This month, I called UC when the rent payment wasn't received. I was told that they couldn't disclose why but that the tenant needed to check her Journal and also that the APA hadn't necessarily ended (he couldn't give more details). Indeed, I haven't received an e-mail or any correspondence from UC ending the APA.
Subsequently, I have received a letter from DWP saying I owe them the entirety of the last year's rent on the basis that the tenant left the property last May and that they have decided it would be reasonable for me to know about this.
In fact, all I knew last year was that the tenant was being moved temporarily and abruptly to a police safe house because she would be giving evidence against somebody in court, and that she would be returning thereafter. Because of this situation her phone number has changed and I've had no way of contacting her.
At no point did I or the tenant end the tenancy, her belongings are still at the property, and she still has the keys. When the rent didn't come through this month I did wonder whether she had decided to relocate permanently and has changed her address.
Can I challenge this decision on the basis that I could not have "reasonably known" that the claimant moved out of the property last May (which is when she went to the safe house)? I know it is an unusual situation but the tenancy was not ended and I have been expecting her to return. I've had no reason to think she had moved as I haven't been informed otherwise and the rent has continued to come direct to me. The police were unable to tell me much at the time for obvious privacy reasons.
If I have to repay the rent I've basically kept a property open for a year for nothing. On the flip side, if I'd ended the tenancy last May, I could've put myself at risk of being guilty of an illegal eviction, and in any case I would've had no way to communicate a Notice to Quit to her. Conversely, if she wanted to give up the tenancy, she could have sent me a letter if there was no easier way of contacting me. And it doesn't make sense that the rent has been paid the whole time.
For me to challenge my liability does it principally hinge upon whether or not it was "reasonable to expect" me to know about her moving out?
Thanks in advance.
