View Full Version : HB tenant ceased to pay rent; what can landlord do?

03-03-2009, 17:21 PM
evening all!

2 quick question if you dont mind

i have a housing benefit tenant

the council pay 80% of his rent and he paid the rest

he's refusing to pay the 20% from now on

3 questions regarding this:

1. shall i serve him with several sections at the same time?
2. are there any web links that can take me step by step through the process of serving these sections (dont want to mix the days up!)
3. will the council stop his housing benefit payments if they find out i've served him with these sections - i dont want top lose the next 4-5 months worth of housing benefit payments while i go through the eviction process

ps: why cant they make it easier for us landlords to evict tenants, the law doesnt seem fair and is too skewed to the tenants' favour these days

03-03-2009, 17:53 PM
ps: why cant they make it easier for us landlords to evict tenants, the law doesnt seem fair and is too skewed to the tenants' favour these days

No.....I mustn't.....Really..... I..... Must..... Not..... Post.

Oh, I just can't help it: http://www.landlordzone.co.uk/forums/showthread.php?t=13572&page=10

mind the gap
03-03-2009, 18:14 PM
Yeah, I might've helped him if it hadn't been for the whingey use of the word 'poor' in his thread title!

Instead I will take a leaf from your book, agent:

My bust.

(My mum had to chant this during school PT lessons, in the 1940s!)

Second thoughts! Perhaps 'poor landlord' means 'poor quality landlord - ie a useless one'? OP please confirm then we can decide how to respond.

03-03-2009, 20:37 PM
many thanks for the interesting replies

well poor can mean different things to different people i guess

maybe i should change it to poorer - yes i'll do that - i think we're all poorer as a result of this recession!

anyway, if anyone would like to answer my questions it would be greatly appreciated

03-03-2009, 20:50 PM
Oh, go on then I'll play .............

When did the tenancy start, what type of tenancy is it and which deposit scheme have you used?

What reason has the T given for with holding the top up on the rent? Are there maintenance issues with the property that the tenant is with holding rent against? Have you recently increased the rent? If so, has the T asked for a rent assessment?

(oh I did enjoy the last thread ........... who did win the race?)

03-03-2009, 21:37 PM
If this is an AST or SAT, L can serve a s.8 Notice under grounds 8/10/11 (as applicable) of Schedule 2 to the Housing Act 1988.

This is so even where all or part of the rent is funded by HB/LHA.

Michael Clayton
06-03-2009, 21:43 PM
Hello Andy. I answered a very similar question earlier this evening.

I "remind viewers" that I am writing from an entirely HB perspective (18 years in a HB department does that to you). Please refer to the following:


18-03-2009, 14:40 PM
Hi Michael
I have a friend that need help with Housing and Council Tax Benefit I feel sorry as she has very ill is on benefits and is such a nice lady but due to finances she can not afford legal advice would u help

Michael Clayton
13-04-2009, 20:11 PM
You are asking me to provide a free consultation that could end up taking hours of my time. Moreover, it sets a precedent in that others will expect the same level of service. In other words, there is a danger that people will start taking advantage.

In the case of this lady, if you provide me with the issues, I will provide a general overview in terms of the problems, the possible solutions and the best approach. In this way, all people reading these pages will potentially benefit.

In the April edition of Landlord Zone, I will be contributing a series of articles; some of which will refer to the best way in which to use my consultancy service.