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  • Problem Tenants

    Lead tenant missing / rental arrears

    Hello Tribe

    My tenants are a family of 6.  Husband ,wife and 4 kids.

    The rent was 2 weeks late,upon inquiring the wife informed me that husband been missing and she does not know where is he hence the rent was not paid. No one contacted me to inform about the tenant missing.

    She does not have any money and asking me to reduce the rent as the husband missing. But how can I?  I got my own bills to pay..

    The story seems very strange as I have not come across situation like this. I asked her to make a complaint and she said Police is not intrsted to take her complaint. I can't believe this and thinking of ringing the police to check what's happening.

    If you have any  experience or thoughts please post that as it seems I will end up serving them S21 notice.

    The  fixed AST is ending in Oct 2018.

    Thanks

    MB

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    Your agreement is with the lead tenant ... its difficult I know ..but you are not social services, the local authority needs to step in to help her .. it's only going to get worse ... I would be issuing the section 21 to the lead tenant as he is no longer residing at the rental home .. I issued a section 21 on the 21st April ... it is still in progress .. so the longer it's left has a financial impact on you and your family ... you are not responsible for other families ... it's hard hearted but it has to be done .

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    You talk about a lead tenant. But you also say your tenants are six. It does not really matter either way. If the rent is not being paid then you should take action on that basis. The fact that the husband has disappeared is not very relevant. You should simply serve a section 8 notice on whoever the tenant is and take court action. The court order will be binging on whoever else is there.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Section 8 or section 21 ASAP

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    [Image: New-logo2.png] Manchester based investor. I buy, sell, renovate and rent investment property in East/North Manchester Wink email: mike@brentwoodinvestments.co.uk Call: 0161 681 3724

    Tell her that to help her you will write (yes WRITE!) to Police about this matter & does she have photo, DoB, height, weight etc...


    From her response you can guess what is happening.

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    It's not as simple as that. She may have some legal rights even if she is not the main tenant. But she does have to find the rent. Tell her to contact the DSS immediately and perhaps citizens advice too. She needs to urgently register her change of circumstances and claim housing benefit and discounted council tax. Make sure she gives you permission to discuss her case with the housing benefit people. I was exactly in this situation a few years ago and it did work out OK in the end.

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