Thats a good point. I’ll ask my dad. Thanks Karl!
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Your hope wont make them leave
Check what the LLA allowance is for your property here
Source: GOV.UK Search for Local Housing Allowance rates by postcode or local authority : DirectGov - LHA Rates
It may well be totally true that it is below the market rate. If it is they may not be able to make up any difference. If the rate is as high as you want to charge there will be no reason why they cant get it and pay you the right amount.
If they claim to have replaced floors they should have proof/receipts and they had no business doing that without your agreement as LL. It also is totally contrary to the idea the cant afford higher rent if they were able to do such work whilst on benefits. If it was done you can demand before and after photos and evidence it was needed and that you didnt agree to do it therefore they had to..
They may well stay. They have no incentive to leave even if they cant afford the rent and the council wont help them with accommodation for those at risk of becoming homeless till you have served s8 notice (after they are 3 months in arrears), waited for the notice period, applied for possession and got bailiffs. Expect it to take at least a year from application for possession to eviction during which you may be getting no rent. And you’ll never get it back from them. They can pay rent just before court hearing to be 2 months in arrear not 3 and court will reject your application for possession and you then have to start all over again
“In England and Wales, obtaining a possession order from the court typically takes 3 to 8 weeks from the date the application is issued. However, total time from application to actual eviction (if the tenant does not leave voluntarily) usually ranges from 5 to 12 months due to court backlogs and bailiff scheduling”
Source: Shelter - The housing and homelessness charity Shelter Legal England - Possession proceedings process - Shelter England
HCEOA report (oct 25) that the average time after a judge has ruled tenants should be evicted is 8 months in london
Source: High Court Enforcement Officers Association https://share.google/EgeMNjZyBYvm1qKet
The courts will become even slower now there is no s21 and even the simplest cases have to be considered by a judge. Plus the backlog of s21 from LLs who used s21 before 1 may to evict the sort of difficult tenants you have.
Good luck
Wow, I hadn’t thought of that at all. That is incredibly concerning, especially since they have legal aid on their side; they likely know this ‘arrears game’ inside out and will use it to string things along.
However, I am hoping the council will refuse to keep funding a 4-bedroom house for them. Their children are all over 18 now, and two have completely moved out. Only one daughter still lives with them, and she is working—which I know they haven’t declared to the council.
Due to this undeclared change in circumstances and the severe under-occupancy, the council shouldn’t pay their housing benefit for a property this size anymore. I am hoping this forces them out long before we ever have to deal with the courts
@Surfraz have you told council they have changed circumstances? Anyway you still need proof theyve moved out and the daughter working. Even if you have that council will just reduce the payments to them and (just like if rent is higher than LLA allowance) expect tenants to make up difference or move out but it’s still their choice and they can still just get into arrears that you ll never get back.
Gather the evidence, as the threat to cut their income by reporting them to the council might be of use in persuading them to leave.
Get advice from a legal eviction expert
Good luck
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Thanks David. I haven’t reported anything to the council yet because I lack the proof, but I intend to seek professional legal advice on the matter first.
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Ps worth finding out if council will pay rent direct to you, if they are in arrears. (In which case… may not be in your interest to report that some have moved out etc or to prove that - you dont want to get in trouble with council by not telling then ..)
(Can take time to set up too)
Can the council pay my benefits to the landlord directly? – Help Centre https://share.google/2EbK5utOwwauvK7B6
I would have reported any rumour of a change in circumstances as soon as it came to my attention. Because you are a recipient of rent from them via HB, you do not want to give even a hint that you are complicit with HB fraud. In addition, reporting suspected fraud could protect you from overpayment recovery by the council.
Getting legal advice on this is a good idea because of the potential implications for you now.
Whatever you do, because you have not reported changes in T circumstances, do not pursue finding out if council will pay rent to you. Thankfully you have not done so before because, if you had, you would have had a legal obligation to report any change in circumstances and would have fallen foul of that.
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Okay, I’ll look into this too. It would be amazing if the housing benefit could pay directly into my account.
However, the council would likely want permission from the tenant first. The last time I called the council to confirm whether the tenants were receiving £360 per week (as stated in the tenancy agreement) or the £277 per week they were paying us—claiming that was the maximum amount the council would give them—the council refused to help. They simply stated they couldn’t tell me anything without the tenant’s explicit permission
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Expect no help from the council
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Looks like you missed my message.
Whatever you do, do not ask the council to pay housing benefit to you. Trying to get it paid directly to you when you are aware that there is potential benefit fraud going on isn’t a good look from a council perspective.
Get legal advice.
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Spot on , any fraud, they want the rent money back off the landlord. The council is not the landlords friend
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Sorry for missing your message, Tatemono, and thank you for bringing it to my attention.
And I agree with Collin’s point. The council is highly unlikely to help, even if I reported suspected fraud. They appear to focus all their resources on enforcement against private landlords instead.
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