Tenant has stopped paying rent!

Reply to the comment left by Ma'at Housing Solutions at 22/07/2023 - 10:28
26,000 accrued over a number of years. Tenant from 2008 entirely benefit supported. Benefits decreased as children grew older. I was paid directly by HB and over the years when tenant neglected to provide paperwork etc to HB her benefits would stop and I would be chased for repayment of housing benefit - it is a double edged sword being paid directly.
Tenant refused all access. It is illegal for a LL to force access. I agree LL have legal right but if tenant will not open door there is absolutely nothing you can do.
I tried 5 times to evict, both S21 and S8. Every time tenant would get Lincoln City Council to carry out inspection to claim disrepair. Tenant was trying to get compensation. Each time I was able to prove tenant damage or that tenant had not notified me of any issues. One regular occurance was overriding the electrical fuse box so it would not trip. This was to take the load of 3 computers per bedroom - 12 in total and huge lcd televisions all over the house. All this was delaying by LCC until notice ran out and I had to start process again. Every time I was sucked in by HB/local authority into agreeing tenant repayment plans, which of course she never stuck to. HB would delay with payments. When tenant went on to UC I applied to have that paid direct to me. This was agreed. Then tenant stopped it. Covid delayed all eviction action so tenant took advantage and paid no rent for 2020 and 2021.
The last time, April 20002 S8 issued. Tenant lodged a defence. 3 months for a court date. August 2022 court hearing. Judge gave tenant 4 weeks to provide evidence. Tenant had no evidence for her feeble defence. Court Order for Possession 30/09/22. Tenant given council property. However refused to vacate my property. Had to go back to court for Bailiffs. Another 10 week delay and more cost. Tenant finally left 31/01/2023.
Whilst the Judge sympathetic to me he was bound to give tenant time to provide defence even though it was obvious she had none.
At no point have the local authority, HB, UC helped me the LL. Every effort was made to keep the tenant in my property.
My mistake was in trying to be reasonable and fair to all parties. My advice now would be to act immediately, do not agree to any repayment plans etc. LL does not get any more gold stars for being reasonable. You just get taken advantage of.
So there you have it - how 26,000 arrears soon accumulate plus costs to evict.

Reply to the comment left by Ma'at Housing Solutions at 22/07/2023 - 10:47
I can absolutely confirm what Trapes has said. My tenant claimed the same so UC would not pay me direct

Reply to the comment left by Marie Lee at 17/07/2023 - 10:37
"Judges are very fair?" The one I stood in front of quite literally invented a deposit for my tenant and then threw out my case for not protecting it !!!

We need an independent review into the conduct of judges in this country.

I have read all the comments and feel sympathy for the distressed LL,s. My question is why would
any LL let to anyone on UC or HB is beyond me.
It seems that many of the problems stem from tenants on benefits.
I have had my BTL for 19 years and have had only a 2 week void period.
I use a reputable letting agent who deals with every aspect of the tenancy…..tenancy agreement, inventory, maintenance, collection of rent,,references, insurance against rent delinquencies, legal costs etc.
I would never allow the agent to recommend anyone on benefits, neither would they propose such tenants.

Reply to the comment left by MIkeK123 at 22/07/2023 - 12:44
Why indeed? However, I think it worth noting that whilst my bad experience relates to a benefit tenant, ANY tenant in private rented housing can use the system to their advantage should they be so inclined. The experience and problems would be exactly the same. Any tenant can go to the Private Housing dept of their local authority and complain about disrepair. This is not limited to HB tenants alone. Especially with all the new legislation coming in. Landlords will have an even tougher time. So don't rest easy and assume that Benefit tenants are solely at fault. Even if you let through reputable letting Agents, you can still encounter these terrible situations.
I have been a Landlord for 20+ years. I have several properties and they are all with letting agents. The property in question was not however with an Agent as the tenant came in 2008 via the Council directly and was considered vulnerable as her husband had died and she had 3 young children. For a number of years all worked perfectly and she was a good tenant. She then took up with a new partner and the problems started. So this could happen to anyone not just benefit tenants.

Reply to the comment left by Amanda Osborne at 22/07/2023 - 11:47
Oh dear Amanda. I'm so sorry and hope that justice is truly served and this nightmare tenant is evicted!

Wishing you every success 👍

Reply to the comment left by Ma'at Housing Solutions at 22/07/2023 - 10:59
Hi , thank you for that fabulous advice.
As the survey was done one day prior the the first hearing, and I had no idea that this was being done, I wonder if I should have been informed?
The surveyor report landed with the tenants solicitor within 2 days, however I was notified 3 weeks later ( the judges deadline)
The surveyor has unearthed a huge amount of issues - I had no idea!
I am now really worried about the case meeting on the 31/7.
Although the issues the surveyor listed have been corrected - well apart from lifting a fully tiled kitchen floor ( because a couple of the tiles had been removed due to being cracked and the area skimmed over)and replacing it a new kitchen an internal insulation.
I was due to submit my defence once I had heard from T solicitor but only received it 5 days before the deadline.
Luckily the deadline was met.
What a bloody mess

Reply to the comment left by Ma'at Housing Solutions at 22/07/2023 - 09:59
"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."

The conduct of the parties is only relevant if it assists the judge in reaching his finding of fact or in exercising his discretion. Where a mandatory ground is proved the judge has no discretion other than in relation to the time allowed for the tenant to surrender possession.

Reply to the comment left by Amanda Osborne at 22/07/2023 - 13:08Thank you so much for your ability to NOT discriminate simply because a tenant is in receipt of benefits, even in spite of the nightmare tenant situations you have shared.
I'm also delighted that you made the point that working tenants can be just as guilty of failing to pay their rent and other tenancy breaches.
It is landlords like yourself that I have enjoyed working with for many years.
Best wishes 🌹

Reply to the comment left by Amanda Osborne at 22/07/2023 - 11:47
What a horror story. I'm so sorry you had to go through this. It seems the system is hell-bent on screwing over good landlords.