1) “The Council has stopped paying my rent”.
The council never were paying your rent . They were paying your tenant a contribution towards their housing costs based on their personal circumstances. Before you start whinging that “the housing benefit is for rent” it isn’t.
Let’s keep this simple
1) Any mortgage is between you and your mortgage company
2) your rental agreement is between you and your tenant.
3) any claim for housing benefit (L.H.A) is between your tenant and the local council. If they become more than 8 weeks in arrears or are classed as vulnerable you may have it paid directly to you. It however is never “your rent money”.
2) “It’s my property!”
Not whilst there’s a tenancy agreement in place . As long as that’s in place it’s your tenants property. Even if your tenants are not paying their rent.
3) “The property must be returned in the condition it was let”.
Minus fair wear and tear . If you think that waffer thin carpet you put down with no underlay is going to be in the same condition after a family has been walking over it for 6 months then think again.
4) “If it’s in the tenancy agreement it must be legally enforceable”.
I have dealt with a landlord who has a term in his tenancy agreements that states
“If you miss a rent payment I have the right to enter the property and remove you and your possessions using physical force”.
Are we suggesting that that is legal as it is in a tenancy agreement given to a vulnerable person? It quite clearly isn’t .
5) “If you wish to remain in the property you must sign a new tenancy agreement”.
Usually this statement comes from letting agents who want to charge both the tenant and the landlord a fee for preparing a new agreement. If the tenant wishes they may simply allow the agreement to roll onto a monthly agreement. If the landlord does not like this then they can start the eviction process. However the tenant never “has to” sign a new agreement to stay in the property.
- Nationwide to let landlords offer three-year contracts (guardian.co.uk)