my tennant has stopped paying me rent because im selling my house?

Question

last month i gave my tennant 3 months notice as i intend to sell my house. her rent is paid by housing benefit and she tops it up by way of standing order because her benefit does not cover all the rent. I have now recieved a letter from the council saying the rent cheque now goes to the tennant and funny enough her standing order has been cancelled. I managed to talk to her about this only to be told that because im making her move out she intends to keep the benefit cheques to cover her removals and she will pay no rent to me because i have decided to sell MY house. Its driving me mad because I cant speak to the council until monday does anyone know what the outcome may be . oh and did i mention she has demanded her deposit back when she leaves.

Answer 1

If you've got a proper signed tenancy agreement she clearly hasn't got a leg to stand on. Get some legal advice & keep the all of the deposit to cover unpaid rent and/or any damage to the property (if this occurs).

I used to rent out my house - if a tenant paid all their rent & returned the property in good condition - I would always refund...but if not then that's what the deposit is for!

PS If you are in the UK - always have a proper agreement (usually an Assured Shorthold Agreement) - signed & witnessed along with an inventory to check prior to & after the tenancy.

Answer 2

As far as the deposit - that's exactly what it is - she's legally allowed it when she leaves. Although I've never really found a landlord who actually returns it as they always find a fault *somewhere* in order to keep it.

First stop Citizen's Advice Bureau. It's pointless speaking to the council, she can have her benefits paid anyway she likes, and there'a absolutely nothing you can do about it. Write a formal eviction letter, detail all monies outstanding and post her a copy and CC it to your solicitor. You may be able to get an official eviction notice from your local magistrates court who will also enforce repayment - the police usually turn up to monitor these. Althernatively, you could go to bailiffs (last resort) to recover property, but be *very* aware they are not allowed to take property unless it's been sanctioned by a court, if they do - you're the bad guy. Lastly (sorry, rambling on here) if she's clued up enough she can claim squatter's rights - a bizarre law still in force which will give her six weeks reprieve before you can do anything. And lastly lastly - sell and let the new owners deal with the problem...

Answer 3

Hi!

Talking as someone who had a friend who went through a similar situation, you're best off 'writing off' the three months rent.

It really is not worth the bother trying to get this back. You will only be wasting your time, energy and further money.

As for the deposit, tell her you'll forward this on to her when the premises are vacated and you've made a thorough check of the property, then dependant upon the state she's left it, make a decision whether or not to refund the deposit.

Another tip - take lots of photos. These may be needed if things go wrong and you need to produce evidence against your tenant.

I know this may not be what you want to hear, but in the long run, you'll come out of it a better person than she is.

Hope this helps, and all the best!!

Answer 4

First of all tell the council, also if you can get her out do it as soon as possible. Whatever you do, DO NOT pay her deposit back she has broken the terms of agreement with you and i wouldnt tell her shes not getting it back till she's gone.
If you dont have a contract with her i would consider getting her removed from the house straight away, by force if nessesary.
Do some searches for tennents and landlords agreements on the net, there maty be some legal guidlines there letting you know what you can and cant do.
I have the feeling she wont have a leg to stand on if you get her removed as she has probaly broken the terms of her contract with you and although it may not be correct proceedure to remove her, if she goes to courte i dont think a judge would have much sympathy for her.

Good Luck, sounds like this waster needs a kick up the backside.

Has she been working while claiming bennefit, if she has i would also advise the local benefit offices, if she damages anything in your house call the police, make sure they dont let her back in as you may feel your own safety is at risk if she gets physical in anyway at all !!!!

Good Luck.

Answer 5

You didn't mention what city or country you live in. Each place has its own set of regulations.

You never mentioned what sort of contract you had with her either. Did you promise a place to her for a year? If you broke the contract, that could be a problem for you. Or, it could work the other way around.

It looks like you'll need a compromise. People can't just live in your place for free. On the other hand, you can't just say, "Oh, by the way, I'm selling the house and you'll have to leave."

I'd say make her pay 2 months rent, then have the last for free.

Give her some time to comply. Then if she doesn't, give her a month's notice before you will lock her out.

The good thing about the deposit is that you have that for circumstances like this. You just don't give it back unless she complies.

Answer 6

She can not Demand any return of anything from you when she leaves.

She has the same right and rules regardless if she is getting help paying her rent or not.

Under the law she is to pay her rent regardless is you are selling your house or not. She is a renter if she still lives there.

You need to make sure that you have everthing in writing, A letter telling her you are selling your house. A letter telling her she is still pay her rent up untill the time she is to move. A letter telling that you are not returning her deposit, unless it says in her rental agreement that you said you would return it when she moved out.

I do not know what a standing order is but i am assuming it is her part that is not covered by her housing benefit.

You are also with in your right to take her to court to have her move early because she is not paying her rent, You are also aloud to call the office where she gets her housing benifit and tell them that the money that she gets from them to pay you for rent is not being paid.

Remember to have everything in writting in case you need to show it later. Send everything to her registered mail so you can show proof that you send it to her and she got it.

Answer 7

First things first: as someone has already said: talk to the Citizen's Advice Bureau (http://www.citizensadvice.org.uk/index/getadvice.htm to find your nearest). They dispense free legal advice: telling you what your rights are.

It depends on what contract you and your tenant have signed, but it is unlikely that she is not liable for rent for the full time she is there. Just because you are selling the house does not mean she does not have to pay rent. If the contract says that rent is £x per month, and you must give a minimum of two months notice (which is standard), then you can give her three months notice and she has to pay rent right up 'til the end. Depending on what your contract says you may be able to evict her earlyfor non-payment of rent.

You will also have a right to retain some of her deposit for various reasons. If she doesn't pay rent, you can deduct whatever she owes of that from her deposit. You can also deduct money from her deposit for damage beyond acceptable wear and tear.

So, in conclusion, talk to the CAB, but don't worry: you are in the right, and she is in the wrong.

Answer 8

I don't know what the laws are in your state, but In Texas call the district attorney and file an eviction notice. That gives them x amount of days....being a landlord sucks from time to time, does it not? Oh, and about the deposit....that rather depends on the terms of the lease you both signed in the beginning. Get that lease out and see what your rights are. If you are breaking the lease, well, the favor might lie with the tenant.

Hopefully this tart won't destroy any property. I learned long ago not to rent to any housing authority. I price my rent out of reach of undesirable tenants, and charge a whopping deposit to aid in the same. I do monthly home inspections, and have every possible infraction listed in my lease and the rammifications of each infraction.

Good luck!

Answer 9

She is just taking the piss,and using this as an excuse not to pay her rent.The rent should be paid regardless of you selling your property,this doesn't interfere with her being there.In regards to the deposit, this should only be given back if she pays all her rent plus hasn't caused any damage to your property.Don't worry she is in the wrong,however I don't think there is much the council can do. Talk about tenant from hell.

Answer 10

as a landlord myself, I stay up to date on the tennant/landlord laws of my state. ALWAYS have them sign a lease & date it.
Go to your state website & look for site map. The rights for the tennant & landlord will be there. I've had to take tennants to small claim court & always win when I have a signed lease..and in turn have lost thousands when they are ordered to pay and skip out to another state, or move several counties away. Some deadbeats live & survive like this. Requiring names from 2-3 previous places they've lived will show you their pattern of paying and being responsible. I would love nothing greater than to sell my rental property and let some of these dirt bag bums live in a paste board box.