Can I recover the rent my tenants paid to someone else?

Can I recover the rent my tenants paid to someone else?

0:01 AM, 12th July 2024, About 6 months ago 8

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Hi, I am in progress of evicting my unpaying tenants and still waiting for high court enforcement order to come through.

My tenants haven’t paid rent for over seven months now, claiming they have no money. However, in their own statement, they admitted they’re paying rent to someone else. I’m taking them to the money claim court for the unpaid rent, even though they’re still living in my property.

I suspect they are transferring money to their daughter, as they’re trying to secure another private rental property under their daughter’s name. Is there anything I can do to stop this?

I will get a judgement from the court, but the tenants don’t seem to take much notice to the court order. I’ve already got a court possession order asking them to leave nearly a month ago, but they’re still here.

Any advice would be greatly appreciated.

Thanks,

S


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Graham Bowcock

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10:12 AM, 12th July 2024, About 6 months ago

What?

If the rent is due to you then it must be paid to you. If you do not receive it, as per the tenancy agreement, then you have the right to issue proceedings for it.

However, as always with such posts, the devil will be in the detail. Why are they paying the daughter? Is there a proper tenancy agreement? Is the daughter party to the tenancy agreement? Is there an explanation for their behaviour?

Reluctant Landlord

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10:54 AM, 12th July 2024, About 6 months ago

if you have already got a court order and they have ignored this then next step bailiffs ASAP! Sort out what they owe you after they are out. What is key is getting possession as quick as you can at this stage surely?

AccidentalLandlord2024

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11:38 AM, 12th July 2024, About 6 months ago

They are not paying their rents. Whether they transfer some money to their daughter, donate that to a cat charity or whatever is not relevant.
"got a court possession order "
So, this must be ongoing for at least 6 months now? Like others have said - get your property back, then deal with the arrears. Unfortunately, if they have no job/no money than you just have to write that off.
If they have a job then you can try attachment of earning.

A fedup landlord

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21:28 PM, 12th July 2024, About 5 months ago

Reply to the comment left by Graham Bowcock at 12/07/2024 - 10:12
I have followed all correct procedures, it took over 6 months for court to grant me possession order under sec21, waiting time for bailiffs in my area is 17 weeks, so I opt for High court enforcement to get the tenants out, hoping to be quicker, unfortunately it is just as bad. I am now pursuing money claims through court at the same time, only to find out they are putting their money away all these time while staying in my property not paying me. I know they are looking for some where else in private renting section under their daughter's name, as one of my tenant has a ccj. So I suspect they're giving money to their daughter in hope to get a new house to move in. All of them are in my property now, thanks for the jammed court, I can't kick them out without a high court enforcement. their daughters were minors when they moved in, now they are all working adults living with their parents. They won't get a council house, as they have rental arrears and substantial earnings, so they would be deemed to make themselves homeless when high court enforcement finally arrives, I'm just wondering how I can recover my rent loss, as the agreement is under parents' name, they have no money in their bank, can I request the daughter to pay back the money their parents giving to them? Surely this is fraud, just to avoid paying me.

Graham Bowcock

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8:53 AM, 13th July 2024, About 5 months ago

I often look at these posts and think there's a bit of the jigsaw missing; this is one of them. I don't get the issue with the daughter.

If you have a regular AST, then there's a straightforward contractual relationship between landlord and tenant. The tenant is obliged to pay rent to the landlord.

There doesn't seem to be any contract with the daughter so why on earth would (or could) you pursue her? Unless I'm missing something!

The tenant must pay rent to you as landlord, not to anyone else. If they don't pay then you pursue them.

Maybe you need some legal advice.

Darren Peters

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18:15 PM, 13th July 2024, About 5 months ago

If I understand OP correctly there were two minors living at the property who have since become adults and continue to live at the property.

First question to the experts, have the children gained rights to be tenants by virtue of becoming adults there? Or are they trespassers? Or something else?

Secondly, if they have tenant rights, do they then have any obligations? Ie after possession, could OP sue the adult children as if they were named joint tenants?

Thirdly, if these adult children have the right to stay, does OPs possession order automatically apply to them? Or have they slipped through the legal net to create more headaches down the line?

MFA

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19:51 PM, 13th July 2024, About 5 months ago

What I don't understand is why some tenants don't understand that this is your property and you have the right to get it back. This also applies to some judges who unfortunately don't understand this and think that all tenants are saints. Why should you spend so much money just to get your property back?
I blame the councils for being incompetent and lazy in finding a place for the tenant to move into. There should be a law that once the tenancy agreement expires they should be out and considered trespassing if no new agreement is signed.

Graham Bowcock

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17:32 PM, 14th July 2024, About 5 months ago

Reply to the comment left by Darren Peters at 13/07/2024 - 18:15
The tenants will be those named in the agreement.

Moving in others (whether related to the tenants or not) does not confer any rights on those who move in. The people who move in ("children") have no obligations to the landlord.

If a possession order is granted then it applies to all in the property.

This is, as ever, simplified and assumes that the landlord has never formally interacted with anyone other than the named tenant (especially accepting rent).

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