Tenant In Prison – How I Helped To Solve The Rent Arrears Problem

Tenant In Prison – How I Helped To Solve The Rent Arrears Problem

10:14 AM, 14th October 2024, About 2 months ago 8

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A professional landlord with a large portfolio faced a challenging situation when their tenant stopped paying rent and failed to communicate. Upon visiting the property, the landlord was met by an unfamiliar young woman, later identified as the tenant’s partner. She explained that her boyfriend, the named tenant on the tenancy agreement, had been sent to prison. With rent arrears accumulating to £9,600 and no clear way forward, the landlord turned to me for help.

The Situation

The landlords, managing their portfolio independently, were caught off guard when the rent stopped coming in. They visited the property to investigate, only to have the door answered by “Gemma,” the tenant’s partner, who was not named on the tenancy agreement. Far from cooperative, Gemma was evasive and shut the door in the landlord’s face.

Unsure of how to handle the situation, the landlord reached out to me.

Unpacking the Problem

I sent letters separately to both the tenant in prison and Gemma at the property, hoping to establish some communication. Gemma, after a barrage of verbal abuse and excuses, eventually started to cooperate. It became clear that there were layers of misinformation, and it took time to untangle the truth.

Through careful investigation, I discovered that the tenant had been sentenced to 18 months in prison. I made contact with the local court, found out which prison he was in, and arranged a call with the tenant and the prison’s accommodation support officer.

Finding Solutions

The root of the issue lay with the tenant’s Universal Credit (UC) payments. Upon his imprisonment, his UC payments had been stopped, even though they had previously been made directly to the landlord with a top-up from the tenant. I stepped in and argued the case with the Department for Work and Pensions (DWP), citing benefit regulations that clearly state UC can continue to be paid for up to six months to maintain a home for someone in prison. After some persistence, the payments were reinstated and backdated to cover the missed months.

Additionally, I explored other financial support avenues. I applied for grants from two charities that provide support for prisoners and three that offer assistance for children, as Gemma had four children living with her. Once these grants were secured, I conducted a benefit assessment for Gemma, discovering that she was receiving far less than she was entitled to. I helped her apply for a Discretionary Housing Payment (DHP) to further cover the arrears.

We also regularised Gemma’s position in the property by adding her as a permitted occupier, giving her official standing to remain in the home.

The Result

Through a combination of Universal Credit, three charitable grants, and the DHP, the £9,600 in rent arrears was paid in full. The tenant was connected with an ex-offender support charity to help him maintain payments and get back on track once released. Regular follow-ups with both Gemma and the landlord at 1, 3, 6, 9, and 12 months have ensured that everything remains on track.

The landlord, who initially felt overwhelmed by this complex situation, was relieved to have the rent arrears cleared and a clear plan in place for the future.

Call to Action

If you’re a landlord struggling with unpaid rent due to unique or difficult tenant circumstances, don’t face it alone. Contact me, Julie Ford, for professional support in resolving even the most complicated of cases. From benefit reinstatements to grant applications, I can help recover rent and restore order, ensuring your property and income are protected.

Get in touch today to find out how I can help you regain control of your property and recover rent arrears.

Contact Julie Ford


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Comments

Jim K

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13:15 PM, 14th October 2024, About 2 months ago

And how much time, money and effort did that cost you......

northern landlord

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14:06 PM, 14th October 2024, About 2 months ago

Unfortunately a tenant going to prison is not a ground for eviction. Not sure of “Gemma’s” legal position, she wasn’t married to the tenant and was not on the agreement. Was she then a squatter or had a de-facto tenancy been created? Given all this I am afraid I would have sought to get rid of these tenants, not bent over backwards to keep them like this landlord appears to have done. There are plenty of law abiding would be tenants with steady jobsand references in waiting. As Jim K says the whole process must have cost somebody something, who paid I wonder?

Paul Essex

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14:13 PM, 14th October 2024, About 2 months ago

I'm not convinced the neighbours would appreciate your efforts.

Clint

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14:28 PM, 14th October 2024, About 2 months ago

I would normally agree however, if this was the only way to get the £9600 then, I would have done whatever was necessary.

It may now be the time to serve a section 21 notice while it still exists

Kate Mellor

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15:01 PM, 14th October 2024, About 2 months ago

As the original tenancy continued on regardless of the tenant being in prison, the landlord's only option was to follow through with a section 21 notice and likely a bailiff eviction, with many more month's rent lost and certainly no chance of recovering any of the arrears; or attempt to get the rent payments back on track with the existing tenant. I'm extremely surprised that all this resulted in the landlord getting their arrears back in full, but I guess when you have a solid working knowledge of how the system works you have a far higher chance of a positive outcome.

Markella Mikkelsen

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15:38 PM, 14th October 2024, About 2 months ago

Your efforts are very commendable and I am pleased that you got the landlord their arrears paid.
However, right now, the priority for landlords is on risk minimisation.
This tenant sounds like extremely high risk and a lot of work just to get the rent paid. The risk that they will default again on rent payments is really high.
Not worth it when there are professional tenants out there.

Neilt

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16:54 PM, 14th October 2024, About 2 months ago

Reply to the comment left by northern landlord at 14/10/2024 - 14:06
I absolutely agree.

DPT

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11:41 AM, 15th October 2024, About 2 months ago

Reply to the comment left by northern landlord at 14/10/2024 - 14:06
She was a guest of the tenant, whose tenancy continues. She isn't a squatter or a trespasser, but she probably doesn't have any rights to occupy the property other than as the tenant's guest, so cannot pay rent on her own behalf without the landlord risking a new undocumented tenancy.

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