Troublesome Tenant-Please help

[mpeverton1980]

Hi All

First post on here, hope someone can help. I am a homeowner of two properties,one of which I reside in, the other rented out. I am trying to evict my tenant on grounds of rent arreas.

• Firstly I have by all accounts issued an incorrect tenancy agreement, issued 'Assured TA ' should have issue a 'Assured Shorthold TA' I was unaware of the difference until recently.
• Notice to evict served and passed I provided ten weeks notice
• Rent in arreas of three months approx. £1350.00 owed.
• Deposit naively not secured. before now always rented this property to friends of the family etc. £400.00
• Tenant not paid on time since arrival date, part payments made, late payments etc.
• Damage to exterior of property not reported to me as yet
• I have issued Possesion claim form and been given a court date
• Local Council have since written to me explaining I have issued the wrong TA and they will advise the court of this and ask them to dismiss the case. They will also advise tenant to remain in the property.
• Not taken any legal advice as yet and cannot afford to
• I have contacted the local council and declared that i am not receiving any rent from tenant who is claiming benefits (DSS)
• Tenant has lied to council with regards to how many weeks that they are in arrears.
• Mortgage now 1 month in arreas because of this. ( My first ever non payment of mortgage in 8 years.

need so7me sound advice, i have been told to re-issue section 21 notice and after two months i can gain access with bailiffs. Someone please help, i need the tenant out quickly but legally. All advice appreciated. Worried family here.

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

I've asked planB to pop in. See if she's able to pull her magic for you.

You're in safe hands now; as your friend (an AAD Expert) tastyJane would have told you.

Welcome to AAD

[mpeverton1980]

Re: Troublesome Tenant-Please help

thank you so much NID- jane sure has confirmed how good the site and people are. thanks again

[PlanB]

Re: Troublesome Tenant-Please help

I've asked planB to pop in.

Here I am

I'll work through your list tomorrow but the first thing to do is tackle those rent arrears. If your tenant is in receipt of Housing Benefit and the rent due to you is 8 weeks or more in arrears then the Local Authority must pay the money direct to you as Landlord from now on. No arguing. I'll explain how you can force them to do that when I get back to you.

You can't lawfully evict your Tenant if you have not placed their deposit in a Government backed scheme. That's the bad news. The good news is you can insure the deposit now without handing over any actual money using My Deposits which is the only "non-custodial" scheme. It costs about £30 to register the deposit. Look at their website here: http://www.mydeposits.co.uk/landlords

You should be entitled to use your tenants' deposit to cover rent arrears so don't worry if you have already absorbed the deposit money to meet your mortgage repayments. You will have done nothing wrong.

You ought to be able to insure the deposit retrospectively without any problem, but your section 21 Notice to seek possession (or did you serve a section 8 Notice for arrears?) of the property will not be granted while this issue remains outstanding. The Council may tell you that they will ask the court to dismiss your application, but the court won't grant their wish once you have insured that deposit.

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

See? All seems better already. Thanks planB

[mpeverton1980]

Re: Troublesome Tenant-Please help

thanks plan b for the message. I will await your further message and get this deposit sorted. council seem to be hanging onto to this assured tenancy versus assured shorthold. do I need to worry about this? speak/type tomorrow. (I feel tons better now and alot more positive) thanks very much. ps issued 21 to get possesion

[mpeverton1980]

Re: Troublesome Tenant-Please help

sure does NID thanks

[CleverClogs (RIP)]

Re: Troublesome Tenant-Please help

Why is the council wasting taxpayers' money by getting involved in a private dispute between a landlord and a non-paying tenant?

Might their interference have incurred any liability by the council for the debt or for part of the debt ?

[PlanB]

Re: Troublesome Tenant-Please help

Why is the council wasting taxpayers' money by getting involved in a private dispute between a landlord and a non-paying tenant?

That's an easy one

The Tenant is on Housing Benefit. It's cheaper for the Council to keep them in situ that to re-house them if they are evicted.

[PlanB]

Re: Troublesome Tenant-Please help

thanks plan b for the message. I will await your further message and get this deposit sorted. council seem to be hanging onto to this assured tenancy versus assured shorthold. do I need to worry about this?

I've sent you a PM with my email address so I can take a peek at any relevant paperwork

The issue of the Assured Tenancy or Assured Shorthold Tenancy is a bit of a mystery to me. Are they living there or not? What I do know is that a private Landlord cannot issue an Assured Tenancy (that's usually a social housing option only) so it maybe that there's a smart arse law student working in the council's housing options team trying to be pedantic. We'll see.

[mpeverton1980]

Re: Troublesome Tenant-Please help

Hi just tried messaging you but unsure if it sent, thanks for sharing some wisdom/guidance. Look forward to some more info tomorrow, secured deposit today so that's all sorted. Engage comms again tomorrow, have a fab evening x

[PlanB]

Re: Troublesome Tenant-Please help

just tried messaging you but unsure if it sent . . . secured deposit today so that's all sorted.

Oooh. I better check with the Boss to make sure you can send PMs.

Brilliant news about you insuring the Tenant's' deposit today . We're on our way

Are you an Everton fan by the way? Just a wild guess

[mpeverton1980]

Re: Troublesome Tenant-Please help

Big everton fan, username gives it away a little. Ha

[Never-In-Doubt]

Re: Troublesome Tenant-Please help

Good win tonight mate. I'm a rangers fan so like Everton. Mini rangers lol

post a few more times then your PM's are unlocked. Right now they're restricted so delete all inbox/sent messages then you'll be able to receive 1 (??)... As I say just post a few random replies on here to unlock the PM lock.

[PlanB]

Re: Troublesome Tenant-Please help

delete all inbox/sent messages then you'll be able to receive

Okay so will the OP not have received my PM with my personal email details tonight