Landlordreferencing.co.uk – Forum

Hi Serve the Section 21 now don't wait until the last minute, the 2 months  is minimum. Get a witness statement to say that the witness saw you give/post/put through the door the S21.  Make sure that you ask for possession on the expiry of the last day of the rent period, the day before the rent is due again.  You don't need to do anything else until the day after the Notice expires and then if she has not left, many tenants just move out, you need to get your S21 Notice enforced with a Court Order.

Using S21 will not give you your rent arrears but you can sue her for that separately and she will then have a county court judgement against her – Is it worth it?  Thats your decision.  It is worth registering her on this site so that she will find it more difficult to do the same to another landlord and that will give you some statisfation too I find.

I don't want to rub it in but many people make the mistake that you have made and in my opinion it is much better to go for a stranger on a business arrangement.  Why not try one more let and see how it goes – you have already learned a hard lesson why waste the knowledge?

Good luck

Follow me on Twitter @landlordtweets

There is of course the other risk in that if a family member needs to receive LHA the council will refuse to pay as the LL has too close a family relationship.

Bet you didn't think of that one when you let to them, did you!!

There are so many ways these tricky councils operate, you find it hard coming up with a defence against their decitful actions.

Personally I can't see what is wrong with renting to a family member.

They have to rent somewhere, so why should the council not pay a relation LL the same as an unrelated LL?

But rules is rules and councils will use every which way of those rules to avoid paying a LL.

Yes I see what you are saying, you make extremely valid points.

However the suggested scenario involves the parties in committing fraud.

If she didn't receive LHA directly then the council would have no chance of clawback.

I agree that this could facilitate fraud and using more of your tax pounds…………..and mine!; so I can see why councils impose a blanket ban.

Surely though a case by case situation could be utilised, though I appreciate name changes of women are very difficult to manage.

I had a LHA fraudster tenant who had 3 surnames and PRS fraudster tenant who had 3 surnames!!

Both women.

I would think that providing confirmatory tabs can be kept on family members then it shouldn't be too difficult, but I do see how the benefit system can be taken advantage of.

Perhaps some sort of legally binding undertaking that in the event of circumstances you quoted that no LHA would be paid to remaining children etc.

Though the more you think about it one can see why the council can't be bothered with all the hassle and impose a blanket ban.

Oooh I forgot another one that stitched me up, who was the daughter of my partner who I let out a flat to , with no deposit.

LHA was reduced she didn't pay the difference, flat repossessed as I did not have the money to subsidise her lifestyle.

She walked away and is in PRS accommodation paid for by the council.

Has she repaid any of the rent owing,no.

Will she pay any of the £62000 shortfall on the forced sale of the flat plus loss of capital gain and purchase cost;………..NO

Being nice to associates or family memmbers just means you will be heading for a fall!!