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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

When to get annoyed with tenant with MH issues?

42 replies

Ginseng1 · 24/07/2018 09:24

Long story short had the perfect tenant in my old flat for 7 years until he had a nervous breakdown 18 mths ago. He living in a major city in an apt which is over 20% under market rate. He says he'll be homeless if I kick him out.
Since the breakdown rent has been late (sometimes 3-4 mths) most months I have to chase. Have tried to see if can help him get rent allowance. The reason am giving him so much leeway is because we had a great landlord-tenant relationship for 7 years & when he told me about his MH issues I felt so sad for him n want to help. But once again no rent over 3 weeks late in he won't answer mails/text. Even if he just dropped a line to let me know! Getting very frustrated have a mortgage on this & tax bill in October but I don't know what to do!

OP posts:

NynaeveSedai · 24/07/2018 10:13

You need to start possession proceedings. It will take a long time and you will lose lots of money but better now than when he owes you even more rent.

purpleleotard · 24/07/2018 10:24

Are you a member of the RLA? as they will give you excellent advice on how to get vacant possession of your property.

EmmaSwann · 24/07/2018 10:25

This is business. You aren't a charity. If he doesn't pay his rent and you're out of pocket, your mortgage company and other people you owe money to aren't going to let you off because you haven't received your rent. So you'll be the one in the shit.

Start eviction proceedings. Tell him you'll help him with any paperwork to get assistance and / or alternative housing but you can't let this continue.

YouDancin · 24/07/2018 10:35

@Fluffyunicorns
most landlords make less than 10% over the year which means than 1 month without rent can mean making no profit over the year

Except the fact they have a whole house paid for by someone else at the end of the mortgage period. Unlike the tennants. Poor destitute Landlords!

Jonbb · 24/07/2018 10:47

YouDancin have a property paid for by someone else? What rubbish. Landlords aren't responsible for the social housing crisis. That can be laid squarely at the door of successive governments, who refuse to have a comprehensive housing policy, starting with Thatcher, from which social housing has never recovered.

PirateWeasel · 24/07/2018 11:33

I wonder if his MH issues started because he got into financial trouble. Might explain why he's being so cagey about paying after 7 years of no problems. Made redundant perhaps, or gambling...who knows. Whatever the reason, he's getting a service from you (a house) that he's not paying for, which is not right. And it's not your responsibility to fix this. You've already done enough.

mirime · 24/07/2018 11:36

One thing you could also try is to contact the Homelessness Prevention department at the local council.

I would second this. I'm not going to ague against you taking steps to evict him, but please try and make sure the appropriate services know what's happening.

If I knew who they were I'd probably also try and let his GP or CMHT (if he's with one) know that he's not coping. They obviously can't tell you anything, but he may be misleading them as to how well he's managing.

user1457017537 · 24/07/2018 11:37

Is he working? Maybe he would be eligible for housing benefit that would help him if he is unable to work. Poor guy

RunMummyRun68 · 24/07/2018 11:38

But what are these MH issues? All sounds a bit vague and easily used as 'cover'

So many things are passed off as MH

PersianCatLady · 24/07/2018 11:46

If you default on the mortgage then your tenant will be homeless any way so I think that you need to start taking legal proceedings to evict him.

If his MH difficulties are severe then he needs to speak to social services about assistance with finding and maintaining a more suitable tenancy.

Is your tenant working or on HB / LHA?

If he is on HB / LHA then I would be asking why the rent is late when he is being given the money to pay the rent.

Also why are you renting at 20% below market value?

Is it to help this tenant or is it for another reason?

darkriver198868 · 24/07/2018 11:56

If you evict him its likely he would be found intentional homeless from the council. I was made homeless six months ago and was told I wasnt a priorty even with significant health problems. I would second recommending he talk to the homeless prevention team.

PersianCatLady · 24/07/2018 12:03

If you evict him its likely he would be found intentional homeless from the council
No that is not true.

It depends on why the tenant is evicted. If you don't pay your rent then it is your fault that you are homeless (in the eyes of the law).

Usually it isn't worth bothering trying to evict for non payment of rent because the tenant needs to be 2 months in arrears.

If when you get to court the tenant pays a week of the arrears then they are no longer in 2 months of arrears and you cannot proceed.

Then you wait until he is 2 months in arrears and same thing again.

If you choose to not renew his AST at the end of its term and issue a Section 21 then he will be homeless through no fault of his own.

OP - When does the current AST expire??

Original poster

Ginseng1 · 24/07/2018 12:13

Thanks all. This all started when he changed jobs & he couldn't handle the stress & had to leave after his probationary period. He was on social welfare/disability then & seeing a counselor to back up his claim but finding it very difficult to get the help he needed on public service (in ireland) I got the rent allowance forms n filled them in from my side n sent them to him but it wasn't acknowledged. (I think he felt shame at having to claim). Right now he is 3.5 weeks late. But it's every month & no word from him. The interesting thing is it looks like he is back working since June (linkedin) so it's very annoying now he can't at least talk to me. I think a visit is in order. Thanks. Its very easy to see though how people can become homeless :(

OP posts:

Original poster

Ginseng1 · 24/07/2018 12:21

The reason rent is below market value is because for 7 years I was happy to have good tenant who paid on time & kept the place well. Now there is a limit of how much I can increase the rent anyway (can only increase by 4%) but am not looking to increase rent at the moment just looking to get what he signed up for. Anyway at least he working again now so am hoping this is a good sign.

OP posts:

PersianCatLady · 24/07/2018 12:51

The reason rent is below market value is because for 7 years I was happy to have good tenant who paid on time & kept the place well
Which is fair enough as long as it stays that way but now things have changed.

I think he felt shame at having to claim
But no shame in expecting you to cover his costs after you had gone to the effort to get the forms for him.

It just isn't on that even with support from you, he is acting like this.

I am sorry but you are being too kind and at your own expense.

I suspect he is now 3.5 weeks behind because he refused to claim HB / LHA when he was out of work. I am sorry but that would make me very cross that he wouldn't take the help that he was entitled to but he was happy to expect me to be out of pocket.

I feel sorry that this guy has had problems but that isn't your problem.

One thing that concerns me is that "nervous breakdown" hasn't been used as a diagnosis for years and I find it strange that he doesn't have a proper diagnosis as such.

Perhaps he does and perhaps I am a pedant but things to consider??

Mulberry72 · 24/07/2018 12:59

I think you’ve done enough OP.

When we rented our old house out we used a company called Rent On Time to collect our rent, basically if the tennant doesn’t pay, Rent On Time will pay you on the correct day and then chase the tennant for the late rent.

Obviously all the usual rules regarding eviction proceedings still apply but they take care of all that.

CSIblonde · 24/07/2018 13:12

As pp said if you evict him, housing dept have duty of care to house him. He gets more points on their scoring system for having mental health issues too, and even the levels/ dose of medication factors in where I live. If he leaves of his own free will they won't help, they say you have 'intentionally made yourself homeless' , a legal get out so they can keep numbers down. They will tell him not to leave on your Notice move out day & wait for the bailiffs (takes 3months). The day bailiffs arrive he goes to Housing with bailiffs paperwork and gets temp housing while they find perm options. HTH.

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