Tenant has stopped paying rent!

Tenant has stopped paying rent!

9:34 AM, 17th July 2023, About A year ago 168

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Hi all – newbie here and what a mess I’m in! I stupidly rented my house out feeling sorry for a single parent on benefits. The rent is £550 pcm and has not been increased over the 6 years as her benefits would not cover it. I asked for a £50 increase per month in October, and since then the tenant stopped paying altogether.

I issued a section 8 and one week before the hearing she obtained emergency legal aid. One day before the hearing a surveyor attended the property and a counterclaim of disrepair was submitted. I’m due back in court on the 31st but my defence must be submitted by the 20th. I received the court instructions on the 13th.

I couldn’t issue the s21 as all the housing paperwork was lost in a house move. The costs are massive and I’ve run out of funds. Could anyone please offer any advice?

I’m not entitled to legal aid because it doesn’t cover this case.

Thanks,

Tracy


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Toni

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7:47 AM, 22nd July 2023, About A year ago

What a dreadful situation, I would recommend joining The National Residential Landlord’s Association they have a free helpline for members and it’s been invaluable over the years for us.
Also apply for direct payments to yourself as the tenant is more than 2 months in arrears, that way at least you will have some money coming in whilst the tenant is still living in your property.
I would report the tenant to the DWP for receiving benefits and not paying her rent.

Happy housing

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8:27 AM, 22nd July 2023, About A year ago

The reporting is the applying. Does not much, council is always on the tenant side.

Ma'at Housing Solutions

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9:15 AM, 22nd July 2023, About A year ago

Reply to the comment left by Happy housing at 17/07/2023 - 10:52
Please contact the HB team and the housing options team at the local authority ( obviously in writing so you have the evidence) and ask them to confirm the HB is still in payment to the tenant, as you are concerned because the rent has not been paid, there are substantial rent arrears etc.
You have to present yourself as the reasonable landlord you are and that you are willing to work with the council to resolve this amicably.

Believe it or not but Council housing options team's can advise landlords as well as tenants if the Landlord presents themselves as a reasonable and decent person!
Good luck !

Ma'at Housing Solutions

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9:24 AM, 22nd July 2023, About A year ago

Reply to the comment left by Marie Lee at 19/07/2023 - 09:25
Thank you so much Marie for stating that which I was about to!
Indeed solicitors are NOT the only option for getting legal advice.

I also wondered about the basis of your knowledge and experience as I have noticed that you consistently provide excellent and helpful advice to everyone here! 'Former CAB adviser' makes perfect sense!😉

Again, thank you 👍🙂

Kizzie

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9:27 AM, 22nd July 2023, About A year ago

Hi
I’m coming late to this matter. I just wondered about lack of records eg rental payments showing when T stopped paying.
These payments were kept in a separate bank account?
Were self assessment tax returns done and reported to tax authorities when this income ceased

Ma'at Housing Solutions

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9:35 AM, 22nd July 2023, About A year ago

Reply to the comment left by Trapes at 19/07/2023 - 09:52
You really need to notify the housing options/ homeless team immediately! If the tenant is more than 2 months in arrears and consistently late with the rent payments, your counter argument to what the UC adviser stated is that the tenant getting into rent arrears is actually MORE harmful to their wellbeing!

However I am really curious as to why it is a UC adviser making the decision as although the HB is paid as part of the UC payment, it is the local authority that is responsible for it?...

Ma'at Housing Solutions

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9:37 AM, 22nd July 2023, About A year ago

Reply to the comment left by Marie Lee at 17/07/2023 - 10:13
Sterling advice, yet again Marie!
Thank you.😉👍

Ma'at Housing Solutions

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9:59 AM, 22nd July 2023, About A year ago

Reply to the comment left by Seething Landlord at 17/07/2023 - 12:27Sorry but I disagree because a Judge WILL consider the reasonableness ( or lack thereof) of both parties, in addition to the points of law on which the case is being argued.
Judges are not by default 'unreasonable' any more than some Landlords may be. However I have always argued and worked against this stereotyping of private sector landlords as heartless, money-grabbing entities in my former career as a Housing Officer! As a result I developed great relationships with many Landlords who would contact me whenever they had a property to rent and if they were managing the tenancy themselves, I'd save them money too on having to advertise and tenant-find through an agency.😉

Carchester

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10:13 AM, 22nd July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 22:32
If you are uncomfortable in representing yourself alone you can use a "McKenzieman" to sit alongside you in court. See McKenzie v McKenzie [1970] 3 All ER 1034, R v Leicester City Justices ex parte Barrow & ors
[1991] 3 All ER 935, R v Bow County Court, ex parte Pelling [1999] 4 All ER 751. See also Collier v
Hicks (1831) 2 B & Ad 669.

Do not engage such a creature that will levy a fee on you for such support.

Go to your local law college and ask if any mature student studying law will "act" as your your McKenzieman to gain valuable experience in court procedures etc.

I have "McKenzied" at least 50 times for men in matrimonial proceedings- all of which were successfully concluded in our favour. The opposition hate "McKenzie" friends.

If you need any further info on the McKenzie facilities/procedures please do post to ask.

Ma'at Housing Solutions

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10:28 AM, 22nd July 2023, About A year ago

Reply to the comment left by Amanda Osborne at 17/07/2023 - 11:01
Goodness me, how did £26k of arrears occur without action / intervention before it got to that amount?
Were regular property inspections carried out ?
( minimum 6 monthly- though personally I always advise Landlords to start with inspections every 8 weeks whenever possible).

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