I’m looking for advice on handling a difficult situation with a DSS tenant in one of my HMO properties near Manchester. I manage the property and took over it a few months ago, completing a full refurbishment before letting it out.
A DSS tenant expressed interest after viewing the property. Although she failed the referencing check, she provided a guarantor, and I proceeded with the tenancy. She moved in on June 26th, paid the deposit and first rent, and everything seemed fine.
However, a week later, she started complaining about the room and wanted to switch due to a smell in the carpet, which I confirmed wasn’t an issue. I let her switch rooms, but soon after, she requested to move back. I informed her she couldn’t keep switching as I needed to accommodate other tenants.
The real issue began when her rent was due. She didn’t pay, claiming her Universal Credit hadn’t come through. After two weeks of excuses, I contacted Universal Credit to request direct rent payments, but my request was declined without explanation. I’ve tried contacting her multiple times, but she’s been unresponsive, and now the rent is three months overdue.
To make matters worse, she has become hostile, making racist remarks towards me and stating that eviction will cost me a lot in court fees. I’ve offered her a payment plan or asked her to leave, but she refuses and continues to threaten legal action.
Any advice on the best way to proceed would be greatly appreciated.
Here is the prime reason to avoid this type of person. You will never get any help from the council. They are not on your side Contact Guarantor and demand they pay and start court proceedings (with a specialist). There is a lesson here, Failed reference. Sue her and the black mark will then make her life as difficult as yours
Guarantor, Guarantor, Guarantor… I would have been in touch with them 2 1/2 months ago! They must now pay up full arrears or risk legal action against them.
I hope you find that the Guarantor is genuine as the tenant appears to not care, so I wonder if the Guarantor is as reliable as you would have hoped.
Regardless if arrears paid or not, contact eviction specialist now. Section 8 and/or 21, to get out asap.
& report those racial comments to the police. Sounds like a hate crime.
Also contact your local authority and inform them you will be serving notice. This person is making themselves voluntarily homeless by not paying rent and the council will not rehouse her. Did you issue a 6 months AST? What legal action is she threatening.?
yup… that’s what they’re there for… if they actually exist and have any assets that is. Did you do full ref/finance checks and property ownership check on guarantor @Robert60?
Hi David,
Yes, I issued a 6-month AST (Assured Short hold Tenancy) when she moved in. You are correct She’s currently threatening legal action if I try to evict her, claiming it will cost me a lot to go through the courts. She seems to be relying on the fact that it’s difficult to evict tenants quickly, and with her claiming Universal Credit, I believe she’s hoping to delay things further.
I’ll definitely contact the local authority to inform them about the situation. Hopefully, that will encourage her to cooperate, especially if the council won’t rehouse her due to her making herself voluntarily homeless by not paying rent.
The guarantor has been unresponsive as well. I reached out to them after the tenant fell behind on rent, but I haven’t received any replies. Given that the tenant is now three months in arrears, I’m considering pursuing the guarantor more formally, as they should be liable for the unpaid rent under the terms of the agreement.
Let the tenant know that you are starting eviction process using section 8 .
Also issue section 21 with the correct end date. Inform the tenant she will have to pay the costs.
You should also check all your paperwork is in order and that everything the tenant should have received was supplied,
If everything is in order I don’t understand what legal action the tenant could take against you? Did you register the deposit?