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storex7
16-11-2005, 18:06 PM
Got another question

I have no excuses now, as i couldn't find this written anywhere.
If a tenant refuses to pay the rent, after the s21 is served, how can the landlord recover the money if he is unemployed ?
can he appeal to the fact that the tenant is currently on benefits and job seekers allowance . What if the tenant works for cash without a payslip ?

I guess his benefits cannot be touched ?

MrShed
16-11-2005, 18:08 PM
Didn't look too far :p

Go to this link: http://www.landlordzone.co.uk/forums/showthread.php?p=7990#post7990

and go to the bottom post. The options are thoroughly explained by davidjohnbutton.

RichieP
16-11-2005, 19:49 PM
As mentioned, attachment of earnings is a waste of time if they're unemployed, as will Garnishee if they have no money in a bank account. You can still sue them for the money and get it taken out of their benefit, but its something like £280 per week, which will take forever to pay you back and it's not enough to make any difference to you each time you receive it.

storex7
17-11-2005, 10:58 AM
Got it Mr Shed
Will try to look harder next time

thanks richie too, yes £280 + job seekers allowance, not a big amount but still less than he owed before and less for me to recover, if i can get it . It's a pain anyway i know .

MrShed
17-11-2005, 11:08 AM
No storex its fine....you probably would not have found that as the original thread didnt have too much to do with your question....I just remembered it off a few days ago is all!

davidjohnbutton
17-11-2005, 13:37 PM
For avoidance of doubt, you cannot and will not until the law is changed attach Social Security Benefit and if you do a garnishee/third party debt order against a bank account and the only funds in it came from Social Security, you cannot touch that either.

The DWP will under certain closely defined circumstances deduct a small amount of money to pay certain debt, but these are generally related to fuel debts including water charges and council tax. A landlord sueing and then asking the DWP to make deductions does not work - I know, I have tried it.

Housing Benefit/Local Housing Allowance is defined as a social security benefit, but there are separate regulations which provide for payment to the landlord of his/her tenants benefit when the tenant is more than 8 weeks in arrears and for less than 8 weeks, the tenant has to be "vulnerable" in some way.

islandgirl
17-11-2005, 15:09 PM
As someone who may be in this boat very soon (provided we get possession at our hearing and the tenants are rehoused by the council) does that mean (unless the ex tenant gets a job which pays into bank account providing he has one) that we have to write off all the debt forever? We are owed over £2000 - can he just walk away????

davidjohnbutton
17-11-2005, 15:56 PM
Reply to Islandgirl - sorry - the answer is yes.

If you have one of the enforcment means that will work with your tenant then use it - otherwise write the debt off against your tax bill.