Hi, looking for some advice as to what my options are. I submitted a possession order in Jan - the Court has ordered the tenant to leave the property on or before 24th Feb 2025. We were both sent out letters confirming this around 27th and 28th Jan- I have not contacted her as I don’t want anything to do with her.
Rent has always been paid directly to me by housing benefits, in December she text me advising she has moved onto Universal Credit and she will be paying me rent directly (she also sent a screenshot of a letter confirming her claim for UC). She paid rent on time in Jan, however not paid anything for this month. It looks like as soon as she received the Possession Order she decided she’s not going to pay rent. I know she hasn’t moved out as she wants the council to rehouse and I am expecting that come the 24th she will still be at the property so I will have to get bailiffs involved.
If I request for her to pay rent would this impact the possession order?
When is your monthly rent due? Presumably if she is ordered to vacate on/by 24th, you are only expecting pro-rata up to 24th. Have you calculated this?
Hi Karl, it’s due on the 1st - so it will be the pro rata amount and not the full months rent. I was thinking of waiting till the 24th / once bailiffs are involved then take further action for the rent - if that makes sense? I know there’s a high chance that I wont get anything but I am so annoyed and did not expect her to do this.
If I were you, I’d be chasing unpaid rent & stating how much is due to cover 1st to 24th Feb. Then if she isn’t out by 24th, Id be chasing again for remainder of months rent. I would however be guided by your solicitor /eviction specialist, as I am no expert.
Sadly, if she is on benefits, the likelihood of you being able to enforce any arrears repayment vie the courts will be minimal. Sadly, this is one of the disadvantages of taking on benefits tenants. ie if they let you down, they are unlikely to have the income level to enable enforcement.
I believe there’s a high chance she pays but… I think what you are interested in is, what if she doesn’t… so here you go:
Direct Payments: Since the tenant is on Universal Credit, you can request managed payments directly from the Department for Work and Pensions (DWP) if:
The tenant is more than two months in arrears.
This is called an Alternative Payment Arrangement (APA), where rent is paid directly to you by the DWP.
How to Apply:
Contact the DWPs Landlord Liaison Team with proof of arrears.
Provide the tenant’s name, property address, and tenancy agreement.
Note: The DWP might take time to process this request, and it won’t cover arrears already accrued.
Protect Yourself
Document Everything: Keep all records of missed payments, communication with the tenant, and the possession order.
Arrears Recovery: After the tenant leaves, you can pursue any unpaid rent through a small claims court if the amount is significant and worth recovering. Given your tenant circumstances, you are unlikely to win this as it may be considered unfair to have her pay money she doesn’t have.
Hi Fatima
The eviction process is too lengthy, longwinded and needs to be pulled back to the 8 week process as per letter of the law.
Help me and the rest of the Landlord community to change this situation as we should not be penalised and left at the mercy of tenants who do not pay rent and take advantage of the delays in the system.
Sign my petition by clicking the link below to get our voice heard in the parliament.
The eviction process is too lengthy, longwinded and needs to be pulled back to the 8 week process as per letter of the law.
Help me and the rest of the Landlord community to change this situation as we should not be penalised and left at the mercy of tenants who do not pay rent and take advantage of the delays in the system.
Sign my petition by clicking the link below to get our voice heard in the parliament.