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AIBU?

To wonder if my tenant should have told me..

185 replies

MatildaTheCat · 14/07/2015 15:09

I'm a nice landlord, I promise. I have one very small flat local to where I live. It is 45m Sq. approx. one bedroom 10' 10' ( sorry to mix up metric and imperial) and another 7'x10' max. Living room again 11x11' max. No space to eat in the kitchen.My tenant is a young mum with two young dc aged approx 5 and 3 ish. One boy and one girl. They have bunks in the smaller bedroom. Her rent is covered by HB although she has refused to have them pay me direct and has on occasion paid late. Very late at the start of the tenancy.

She looks after my property well and I do regular inspections. I am aware that she has a cat although I've never seen it and it as against the agreement.

So, today I am due to go round to do an inspection and get a text putting me off because ' In April I discovered I was five months pregnant and the baby is now due in a month and I have to go for a check up.' I can't explain how much I cannot imagine how she will manage to live in such a cramped flat with three small dc. and all. The kit of a newborn.Perhaps I am naiave and this is normal. I'm thinking that with benefit caps now she won't get help to get a bigger place? It's a very expensive area and her dc are very lucky to be in a great school literally just over the road.

Should she have contacted me to explain her new situation? Is it none of my business? Am I right to feel concerned? I feel a heartsink situation coming on....

Thoughts much appreciated.

OP posts:
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JakieOH · 14/07/2015 17:58

Thank you bran that makes sense I guess. Nice to see someone able to answer a simple question without displaying bitterness Smile

Leaves the landlord slightly vulnerable but I suppose as a landlord your vulnerable to anyone not paying, not just those on HB.

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LazyLouLou · 14/07/2015 18:00

Ilove... I have explained and there is more to it than you have posted, as I have typed a few times. There are 2 sides and if a landlord is refused entry they can end the tenancy agreement. A tenant does not have carte blanche to refuse entry without there being consequences.

Which is exactly what the quote, both links and my previous posts have said (as have others). You are arguing something that has not been said. I am sorry if that has not been clear, but I really don't know how to put it any more clearly than that.

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JakieOH · 14/07/2015 18:01

No, it's specifically given to pay rent, not to buy stuff with. Whatever, your boring me now!

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Ilovecrapcrafts · 14/07/2015 18:05

Lazy lou it's actually you who started this exchange, I think you'll find I wasn't arguing a thing with you.

If you're saying a tenant who refuses entry can have notice to quit Served than we've been saying the same thing from The beginning.

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Lurkedforever1 · 14/07/2015 18:10

Where did I mention them using it to buy stuff instead of paying rent? Oh yeah I didn't, I said budget and take responsibility for, so exactly the same as anybody who doesn't get hb. 'Whatever' is a very reasoned addition to your little additional example of leaping wildly to conclusions though, well done. You're boring me too, innit. ( although don't bite I am just mirroring your speech pattern, as I'm sure you've realised I don't want to get engaged in a competition to see who sounds most ignorant as I'd clearly not stand a chance)

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Owllady · 14/07/2015 18:12

I've entered the fucking twilight zone. There is lots of axe grinding going on, on this thread for several different reasons
I've now given my face some exercise

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Postchildrenpregranny · 14/07/2015 18:14

I think my concern would be the obvious 'presence' of a man, who may even be living in the flat . I think it could jeopardise her HB, depending on their circumstances.

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Myname15 · 14/07/2015 18:16

Do you worry about whether or not she's coping?
Unfortunately the benefit cap is very likely gonna screw her chances of getting a bigger place, but if the flat becomes legally overcrowded she may be able to access social housing ( it would be a really good idea for her to look into this asap, if she ain't already).
As for a bloke living with her and claiming as as a single person fraudulently, this would only impact on her if she was unfortunate enough to get caught. The main thing is doing what you can to ensure you communicate properly, so be very careful about raising issues over her ability to manage as it sounds like she's in a pretty shitty situation financially etc.
If the flat is being maintained, I really would stay out of it, but like I said, if you don't have good communication, try to foster that if you can. It may help you feel a little bit more informed

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Ilovecrapcrafts · 14/07/2015 18:16

Lurked you've got a really shit attitude. I don't care what invisible axe you've got to grind, having a oh and trying to pick a fight is shit.

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LazyLouLou · 14/07/2015 18:20

You can't enter the property, notice or not, with the exception of emergency or court order.

I was responding to this, whole quote. I had responded to another that also lacked the full information, as it is misleading and incorrect. It seems that, like the previous poster, we have been posting at incomplete cross purposes.

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JakieOH · 14/07/2015 18:30

Bless, has no one ever explained the concept of budgeting to you? Might explain that chip I mentioned Hmm you should try it sometime, you wont sound like an angry victim and your opinion might be taken seriously. Believe me, you won that competition with your first post, innit GrinGrin

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Ilovecrapcrafts · 14/07/2015 18:32

I don't see what information is missing? Had permission for entry been granted there would clearly be no issue or problem.
Without permission, that's how a landlord can gain entry- emergency or court order. Or, as you say, they can serve notice (if in the appropriate point in the tenancy) and evict, gaining entry after the eviction has been carried out.

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CloserToFiftyThanTwenty · 14/07/2015 18:32

We were renting when DD came along: we had to ask permission from the LL to vary our tenancy agreement to include another child, because the agreement specified two adults, one related child under the age of 16 and two cats. I had presumed that if we hadn't done so we would have been in breach of our agreement, and therefore potentially liable to be evicted, even if the chances of this were remote.

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Lurkedforever1 · 14/07/2015 18:34

Ok ilove coming from you I'm massively pleased to hear you think my attitude to discrimination is shit, cos if you approved then I'd consider myself a right twat. Guessing the oh you claim I have is a typo, but probably of some unintelligent insult. Yes picking a fight by making a judgemental comment is shit I'm glad you agree. Although as you're discovering losing it is even more shit

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Ilovecrapcrafts · 14/07/2015 18:37

Wtaf are you on about? It's like you're reading a different thread to everyone else

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Lurkedforever1 · 14/07/2015 18:38

Ok then jakie if you say so, with you being so knowledgeable and open minded that must be right. Has nobody ever explained the concept of coming across like a mail reading twat to you? Oh bless

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Viviennemary · 14/07/2015 18:42

I haven't read this full thread. There is an issue of overcrowding and if I was the Landlord I wouldn't be happy. I think you should give her the proper notice to quit and get a more suitable tenant for the flat. She will be re-housed by her local authority.

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NinkyNonkers · 14/07/2015 18:53

Lurked...you sound unwell!

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Branleuse · 14/07/2015 19:00

HB doesnt make the landlord vulnerable jakie. HB means that the tenant has the rent money coming in every month reliably. This is a good position to be in. Its much more secure than for instance someone who had their own business or was in part time work, but the reason many people do not take people on housing benefits is generally assumptions about the perceived poor character of unemployed or under-employed people, which tbh is crazy in this day and age with lack of job security etc.

If you do the right checks on your tenants, insist on a standing order, get references, and interview them, then I think there is no reason to avoid HB claimants. There is also the positive side that HB claimants are not necessarily as likely to leave after a year of saving a mortgage deposit. They may well be more inclined to rent long term.

Ive had to claim HB at times. Lots of people have. My character or ability to look after a house didnt change because of my need or lack of need to claim help.

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Tangoandcreditcards · 14/07/2015 19:08

Am I the only person thinking that the tenant HAS told her LL about the pregnancy? Should she have told you? She's not obliged to but actually she has.

Me & DP rent a 4 bed house with our 1 yr old son. I'm pregnant. I haven't told my LL. I probably will mention it in passing when contract renewal is up when the new baby will be 18mo, as they have a list of dependents in the contract, but I don't think it needs amending in the interim.

It's a mention in passing thing (as this tenant has done) rather than an obligation, I think.

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Myname15 · 14/07/2015 19:10

Wow, viviennemary! Way to behave in a civilised society eh? How do you know she'll be rehoused? Do you know how long that takes? If the flat is being looked after I fail to see the problem from a LL pov.
The rehousing process would normally involve her being placed in a b&b, at a massive cost (including the fact that you normally have no cooking facilities in them, despite the bed AND breakfast name implying the opposite) and a huge amount of stress to a pregnant woman and two kids. Seems shocking to me that would be a first response. Renting out a property involves all sorts of ethical dilemmas sometimes and to just shove her out the door is really heartless!!!

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OrangeVase · 14/07/2015 19:14

You make some good points about HB Branleuse - probably more landlords should take it - you may be right about why they won't.

I suppose I might think that they were struggling to pay the rent without it and therefore more likely to get into trouble - but you are right about the greater uncertainty of other tenants' positions.

(I am self-employed and currently a low earner and I have to pay six months rent upfront before a landlord will touch me. It is really difficult - but I don't blame the for being careful.)..

One thing this post has highlighted is the difficulty of getting it right and the unsuitability of the law on both sides. It doesn't seem to protect tenants from the worst landlords or landlords from the worst tenants.

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justcallmethefixer · 14/07/2015 19:18

The late rent at the beginning of the tenancy could well be due to the time the council took to process and pay the HB. Having been in receipt of HB myself previously I know councils are notoriously slow in processing claims. Also on the 'overcrowding' issue iirc it is counted in 'units' a baby under 12 months = 0 child 1 - 10 years 0.5 units, adult 1 unit. So the 2 bed property houses 2 units and will do for the next year or so, hardly overcrowded.

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hedgehogsdontbite · 14/07/2015 19:28

This absolutely is your business OP. The local authority have the powers to prosecute you if your property is overcrowded. I think you should speak to them and find out what the rules are in your area so you know exactly where you stand.

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TheChandler · 14/07/2015 19:59

One relevant point is whether the tenant is in a relationship now, which would affect her eligibility to benefits. The landlord definitely does need to know who is living in his property, and this on its own would be sensible grounds for requesting access to check it. Continued refused access would be, in the circumstances, a bit suspicious.

Obviously there might not be a man involved at all, but I think its sensible to check.

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