FabSwingers.com forum: First time for everything...advise needed please :)

By *uss Puss OP Woman
over a year ago

east cheshire

Good Morning You Lot

Got myself in a bit of a tizzy and thought I would ask your advise on how you might handle this situation.....

I rented out my house earlier this year to friends of my parents son and his girlfriend (they have a 2 yo son)

Over these ten months they have struggled to pay the rent on time and in full, I have allowed them time to pay, offering options such as weekly, bi weekly etc to help ease the burden but there are always excuses each month which have finally worn me down and I have issued them a Notice to Quit at the end of January. I legally only have to give them 4 weeks but even im aware its Christmas hence giving them longer to sort something out.

This morning it has all come to a head with him asking for one more chance and him promising to pay the outstanding rent on January 1st (nearly £800). I feel this is another false promise as I really dont think he can find the money.

Also he has asked for a tenancy agreement in just his girlfriends name so they can claim housing benefit, this doesnt sit easily with me as its fraud at the end of the day.

The thing that has really bothered me this morning is the fact he has now told me they have nowhere to go and another baby on the way...yeap emotional blackmail but its unsettled me...what would you guys do?

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By (user no longer on site)
Forum Mod
over a year ago

They're taking the piss babe

They would'nt be able to get away with this with anyone else and its not fair of them to keep putting you in this situation just because they know you x

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By (user no longer on site)
over a year ago

agree they are taking the piss, sounds like youve been more than fair, its not your problem where they go, tell them to talk to thier local housing office

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By (user no longer on site)
over a year ago

The way to look at it is that they have backed you into a corner. You've been more lenient than pretty much any landlord would have been, giving them extra time to pay etc. Also, the fact that you've not given them a 4 week notice "should" make them thankful, especially given the time of year.

I'm afraid that it's time for some tough love, stick to your guns and go through with serving notice at the end of January.

Probably a good idea not to let the property out to friends etc as well in future, it's never a good idea!

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By (user no longer on site)
over a year ago

i would say....times are hard for everyone so i would be inclined to wait and see if they settle their debt when they said they would and if they do give them another chance (im a softie too) if not you still have your notice to fall back on. then make it clear this will be last time you will be able to make an exception for them. on the other point....if you didnt know them and were told they were splitting up and the tenancy needed to go in just her name...would you do it without being worried about fraud?? at the end of the day its their fraudulent behaviour not yours.....and on the plus side...you'll get your rent on time!

good luck x

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By (user no longer on site)
over a year ago

Think you've been nice, long enough, now it's time to be the landlady, not the friend. We have a lodger / past lodgers and this is something we learned - you can only be a fair, caring, considerate mate for so much, then you need to be a business like manager and let them know whats what.

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By (user no longer on site)
over a year ago

My heart says to give them chance but my business head says if they can't find the monthly rent then there is no way they'll find £800 by January.

If you put the rental agreement in her name then you are committing no fraud. You are not responsible for any housing benefit claims they may or may not make. In fact, this may be an easier option for you because you will get the rent paid directly to you so are guaranteed your income (or in most cases a good percentage of it). Sounds like sense to me.

However, if you've alreade issued notice to quit then you need to go through with this. But will you get your back dated rent? If they leave I very much doubt it.

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By (user no longer on site)
over a year ago

if they get made homeless they should be entitled to emergency housing as they have a child, it may not be a nice house like they want, but they wont be homeless.

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By *uss Puss OP Woman
over a year ago

east cheshire

Thanks for the replies guys and your right, I know I would be saying the same thing had I seen this thread, guess I just needed a little bit of reasurence.

If they did claim housing benefit it goes to the tenant and not the landlord so there is still no guarentee they would pay me.

I am going to stick to my guns and not allow myself to be emotionally swayed, can't look after the whole world at the end of the day.

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By *-and-KCouple
over a year ago

Back of Beyond

Give them the tenancy agreement in the girls name. Its them committing the fraud against DSS not you. As far as you are concerned they have split up and the tenancy has changed to reflect that.

By the way, doing it with the tenancy agreement, you can arrange with DSS to pay the rent directly into your bank account and not to them. It would make sure you got the money and they can't spend it.

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By (user no longer on site)
over a year ago

If you weren't a friend this wouldn't have happened I'm afraid. What's the saying? No good deed goes unpunished?!!

My sister and her best friend of 30 years have fallen out BIG time over something similiar - my sister is at fault although she refuses to see it!

Only you can decide whether you can afford to fund the lifestyle of people who obviously have no thought for you!

I don't envy you: good luck!

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By *uss Puss OP Woman
over a year ago

east cheshire

Only you can decide whether you can afford to fund the lifestyle of people who obviously have no thought for you!

I don't envy you: good luck!

Sassy I think you have hit the nail on the head there, it makes things clearer.

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By *ansue35Couple
over a year ago

yorkshire

"Good Morning You Lot

Got myself in a bit of a tizzy and thought I would ask your advise on how you might handle this situation.....

I rented out my house earlier this year to friends of my parents son and his girlfriend (they have a 2 yo son)

Also he has asked for a tenancy agreement in just his girlfriends name so they can claim housing benefit, this doesnt sit easily with me as its fraud at the end of the day.

If its true hey will be helped by the council, advice get them out asap or you will end up with more cost in the long run.

Ian

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By (user no longer on site)
over a year ago

"Give them the tenancy agreement in the girls name. Its them committing the fraud against DSS not you. As far as you are concerned they have split up and the tenancy has changed to reflect that.

It's the tenent who decides if the housing benefit goes straight to the Landlord or themselves,so OP is right there are no guarentees that she would recieve the rent of them.

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By (user no longer on site)
over a year ago

If they cant afford to live as they are and struggling with the basics why on earth are they bringing another life into this tell them to get on council waiting list if they have got till the end of august to sort something out. Or perhaps get the forms for them from your local office.

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By (user no longer on site)
over a year ago

"Good Morning You Lot

Got myself in a bit of a tizzy and thought I would ask your advise on how you might handle this situation.....

I rented out my house earlier this year to friends of my parents son and his girlfriend (they have a 2 yo son)

Also he has asked for a tenancy agreement in just his girlfriends name so they can claim housing benefit, this doesnt sit easily with me as its fraud at the end of the day.

if it were me im afraid if they have had a chance then i would stick to my guns , you have been more than helpful and they havent helped themselves , they should have asked you b4 regsards benifits ect there really is no need to do things on the sly and if they are low income they would be able to claim tax credits ect you stick to your guns , make sure you have as much as you can documented its your house xxx

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By *oDownEasyMan
over a year ago

Ayrshire

If they are struggling for money on a low wage they may still be able to get housing benefit for part of the rent,even if in work, and if they are in arrears(by at least 2 months I think) then the Landlord can insist on it going direct to them.

I am NOT 100% sure about claiming in a single name, but I believe I may have read somewhere that if a landlord is complicit in claiming fraudulent benefit, then the council CAN come after them for repayment.Of course proving it is another thing!

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By *ateniterCouple
over a year ago

Aylesbury

"It's the tenent who decides if the housing benefit goes straight to the Landlord or themselves,so OP is right there are no guarentees that she would recieve the rent of them."

if they are more than 4 weeks in arrears you can apply directly to the local authority to have all housing benefit paid directly to you. If it doesn't cover the total rent, you'll still have to chase them for the rest.

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By (user no longer on site)
over a year ago

Ok do not change the tenancy agreement to the girls name. There is such a crime as aiding and abetting. Even though they will be commiting the fraud the fact that you knew what they were going to do and agreed to it makes you an accomplice.

If you have given them notice to quit then stick to it.

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By *unky monkeyMan
over a year ago

in the night garden

I'm a landlord and Puss the thought of being a landlord to a friend or family member is horrendous!

Fair play to you for being such a sweety but you really are getting taken a lend of.

I think if one of my regular tenants owed me that much money and I knew they couldn't pay it I'd cut my losses immediately and you would to as you're a sensible girl.

You have made your decision and it's the correct one, you've been incredibly generous looking after them over Christmas. They are grown ups and need to start taking care of themselves not begging for hand outs.

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By (user no longer on site)
over a year ago

You've done enough already-if they become homeless they will receive help-it's absolutely not your fault.,

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By *illyrocCouple
over a year ago

north west

Hi sorry to here you are in this position as a Landlord myself i have experienced just the exact so here goes what the procedures are ; firstly you will find that you will get every promise under the sun that they will pay you next month and blah blah but it never seems to happen .

Next the offical notice by law is 3 months but if they are in arrears then it is 2 months but they can still refuse to leave and have a further 6-8 weeks untill you get a court order to get them out ,As a land lord we have no protection what so ever in the past ive threatend to pull the electric fuse out but was told i could be arrested and they could get an electrician out and bill me .As for council paying you housing benefits they will do this only after been 8 weeks in arrears to be honest get them out as soon as, we have were owed 2000 pound and could do nothing about it and was not even allowed on the property.

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By *ig badMan
over a year ago

Up North :-)

"Good Morning You Lot

Got myself in a bit of a tizzy and thought I would ask your advise on how you might handle this situation.....

I rented out my house earlier this year to friends of my parents son and his girlfriend (they have a 2 yo son)

Also he has asked for a tenancy agreement in just his girlfriends name so they can claim housing benefit, this doesnt sit easily with me as its fraud at the end of the day.

In all honesty you have been more than fair. you have given them more than enough time to sort things out and its not worth the stress. Stick to your guns and get some reliable tenants in.

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By (user no longer on site)
over a year ago

I was in a similar position with a tenant years ago. I found a solicitor who specialised in tenancy law, and his advice was to persuade them to go by saying "forget the rent you owe me, I just want the property back" and agree a date.

This worked for me, I lost the rent I was owed, but got the property back with minimal damage.

It will cost to go down the legal road to evict, and even then you won't get what they owe you. Dangling a carrot of £800 may encourage them out.

If you help them defraud the housing benefit I think the council can come back to you and recover the money, so it just isn't worth it.

Next time you let, use a good hard nosed agent to find a tenant and keep it all very businesslike.

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By *imal75Man
over a year ago

Wolverhampton

Hi Fuss Puss, Sorry this is short! I have the flu and off to bed... anyway

I say Jan 2011 is the dead line. If they can give you excuses so can you! Say you have some-one else ready to move in! and you have now promised them end of! They need to be out and its out of your control. Trust me in the end you will be glad you did it! Cut your loses and get them out! skip the £800 if need be... but get out of this situation. ( If you dot you will waste moreof your own time with phone calls, worry and stress you dont want ) Hope thats of some use.

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By (user no longer on site)
over a year ago

Forgive me but I work for a housing association and i thought an NTQ is 2 months ie 8 weeks not 4? Also if she claims housing benefit in her own right, she has to tell them that he is living there with here, and disclose his income if any.

Their best bet is to inform the local council that they have received the NTQ, that way they will be registered homeless and the council will be obliged to offer them temporary housing (just tell them to be careful they dont do it too soon as ive heard one tenant tell us that because they tried to register too soon, the council wouldnt register them as homeless as it was intentional). This way, it gets them out and leaves you to find someone else to rent your house.

I understand your point of her being pregnant again but realistically, once that baby arrves, they will have even less money that they already have, and you even less chance of getting what is owed to you.

Also if she registers for housing benefit in her own right and the councl find out he lives there, they will see that you should have informed them and may not pay any housing benefit for them, plus you may find yourself in court

Dont let them 'blackmail' you, be realistic and honest with them, seek help from a solicitor if necessary.

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By (user no longer on site)
over a year ago

lots of practicle advice here so thats good

on an emotional one all i can say that if my son and family were homeless i would open my doors for them - their family are responsible for them on this level - it might even be a good idea to let the family know what is happening

either way families here should pull together and not landlords xxx good luck

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By *oddessWoman
over a year ago

swansea

I work in the homeless dept! 2 months notice is required. LHA which replaced HB for private tenants is paid directly to tenant except in certain circumstances. If they approach as homeless they will only be classed as homeless if It is within 28 days. they will also be classed as intentionally homeless as they have lost accom due to appears....as a result council only required to provide temporary accom.

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By (user no longer on site)
over a year ago

i would go round in the morning and help the sponging bastards to pack .

then throw all of there stuff out of the window.

and get yourself someone who will pay you .

that is unless you are a charity !!

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By (user no longer on site)
over a year ago

Get rid xx

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By (user no longer on site)
over a year ago

I too believe they are taking you for a ride, and it is time to get rid of them.

It may sour your parents' friendship with his parents. However, you have done enough for them already, and it is time for them to sponge off someone else!

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By (user no longer on site)
over a year ago

they are trying to involve you in their cheating. not good. bump em.

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By (user no longer on site)
over a year ago

Hi David here...you should have realized family will always take the Mick...you have to be strong

If you agree to the tenancy in her name your signing your own death warrant babe....if they carnt pay each week what tree in. Your garden is the 800 coming off.be strong it will only bite you on the arse xxx take care

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By *uss Puss OP Woman
over a year ago

east cheshire

Good news!!!!

He's gone

Heating broke down 3 days befor Christmas, I tried reeeet hard to get a plumber (honest I did hahahahahahaha)

He handed back the keys yesterday with some of the money he owed, so all in all a result

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By (user no longer on site)
over a year ago

phew, bet that's a relief and a nice fresh start for 2011, glad for ya. x

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By *unky monkeyMan
over a year ago

in the night garden

Nice one Puss xxx

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By *uss Puss OP Woman
over a year ago

east cheshire

Thanks guys...yeap biggus grinnus here

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By *uro anchorMan
over a year ago

Coventry

i did wonder what happened... glad it all worked out xx

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By (user no longer on site)
Forum Mod
over a year ago

"Good news!!!!

He's gone

Heating broke down 3 days befor Christmas, I tried reeeet hard to get a plumber (honest I did hahahahahahaha)

He handed back the keys yesterday with some of the money he owed, so all in all a result

You gonna put that screw type thing back on the boiler now

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By (user no longer on site)
over a year ago

Good to hear it has been resolved without too much hassle!

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By (user no longer on site)
over a year ago

Suggest a change of locks is needed.

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By (user no longer on site)
over a year ago

If she claims Benefits she has too declare what money she receives from him to the DSS.......... I appreciate it does not sit easy with you but you are not the one committing fraud they are .....

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By (user no longer on site)
over a year ago

As I said previously, when you look for a new tenant get some hard nosed scary agent on the job who won't stand for any messing about from tenants.

Vet the agents carefully first though, as believe it or not, some of them aren't as honest as they would have you believe.

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