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View Full Version : What happens re rent if tenant won't leave?



maxine
12-01-2010, 12:26 PM
Hello all
My tenant has been in the property since 1st Feb 2009 on 12 month AST - rent under 25k per annum. She was working until November when she injured her back and claimed HB for 6 weeks. This money did not materialise and on 5th Jan i got a ccj against her for 6 weeks rent which is the period she did not pay claiming HB delays. I served her a section 21 back in August/September time and she is aware due to previous poor payment history I will not continue the tenancy into a periodic one. She is currently 10 weeks in arrears as after not being able to contact her for almost a month she finally responded to advise me her employer and gone into administration on December 23rd so I would not be getting Januarys rent either. She has told one tall tale after another but a lady at the local HB office kindly confirmed to me on Friday that her claim was not suspended (as she had told me was the reason for her not paying the previous 6 weeks rent) and that they would pay all rent from December 28th onwards to me. However - as tenant now has no job and owes me 6 weeks rent I have a horrible feeling she is not going to move out on Jan 31st. When I asked for a forwarding address last week she told me she had no idea where she was going to go. My question is I assume the Housing Benefit will stop on 31st January which is the last day of her tenancy and I will get nothing while I am waiting to evict her? Or can the tenant put in another claim for housing benefit while I am trying to get her out as she still has a roof over her head after all.:confused:

tom999
12-01-2010, 13:57 PM
The T's HB claim does not have to stop if fixed period of tenancy has ended. But, Council (C) may suspend HB payments, if:

C become aware that LL has a possession order; or
C become aware that T has moved out; or
T calls C to tell them she's moving out (but remains resident).

maxine
18-01-2010, 12:25 PM
I have also found out that the arrears the tenant claimed she had not been paid (and were the cause of the ccj) have in fact been paid to her. I have even been given the date the payment was made. She has gone to ground and is basically back to ignoring any contact from me. If she does decide not to move out on 31st Jan which is my fear - does anyone think the fact she is in arrears and has failed to pass on HB have any bearing on a judges decision?? As she is unemployed I can see her doing a woe is me routine and pleading hardship - but she's been given the rent money by the state and has decided to spend it on other things so surely that's got to count for something? And can I plead hardship? Paying 2 mortgages and 2 lots of insurance on just one salary since November hasn't been a bowl of cherries either. :rolleyes:

tom999
18-01-2010, 12:51 PM
I have also found out that the arrears the tenant claimed she had not been paid (and were the cause of the ccj) have in fact been paid to her. I have even been given the date the payment was made.Not surprising.


If she does decide not to move out on 31st Jan which is my fear - does anyone think the fact she is in arrears and has failed to pass on HB have any bearing on a judges decision??Not if LL is taking the s.21 route. Possibly if using the s.8 g8, 10, 11 route.


As she is unemployed I can see her doing a woe is me routine and pleading hardship - but she's been given the rent money by the state and has decided to spend it on other things so surely that's got to count for something?Very unlikely that a Judge would see T's unemployment as a hardship.


And can I plead hardship?You may mention it if there's a hearing, but if using s.21 accelerated procedure, a hearing is not usually required.

havensRus
22-01-2010, 11:28 AM
You may mention it if there's a hearing, but if using s.21 accelerated procedure, a hearing is not usually required.

unless the T puts in a defence and claims exceptional hardship and requests for more time to find somewhere to go. Then J may call both parties to a hearing.