# Social welfare tenant not paying up!!!



## Angrygirl (1 Apr 2008)

Hi
Can anyone give me advice please?? I rented my apartement on the 10.02.08 to a woman and her child claiming social welfare, I received her month's deposit and her month in advance.. However her first rent was due on the 10.03.08 and I still havent received it.. I have been contacting social welfare and they told me "they will issue it when they issue it" (very helpful) my tennant has turned off her mobile and wont answer my calls!!

Can i evict her for non payment as she signed a tennancy agreement?

This is the first time i have rented out my property and i'm lost!!!!

Thanks


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## liketoknow (1 Apr 2008)

*Re: Social welfare tennant not paying up!!!*

from experience you will get your check, but the social welfare are extremely slow at this.they pay you on the last day of the month for the month ahead.


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## Welfarite (1 Apr 2008)

*Re: Social welfare tennant not paying up!!!*

It is the tenant who is responsible for paying the rent and it may be a case that they have not complied with the Community Welfare Officer's conditions for issuing Rent Supplement (note: this is not a Social Welfare payment). You should chase up the tenant


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## joanod (1 Apr 2008)

*Re: Social welfare tennant not paying up!!!*

Depneds some counties payments are made to the landlord others payments are made to the tenant to pay the landlord ring the SS and see which is the case and you will find out if you are dealing with a genuine error or not. From experiece if there are irregularities or anything underhand follow your gut and look after your property (from experience)


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## gipimann (1 Apr 2008)

*Re: Social welfare tennant not paying up!!!*

As another poster said, it's irrelevant whether the tenant is on Rent Supplement or not.   If the tenant hasn't paid rent, then they are dealt with according to the terms of the tenancy agreement (presuming there's a clause or section dealing with late/non-payment).

The Community Welfare Officer (who deals with Rent Supplement) has no responsibility to the landlord/landlady, they deal with the tenant.   They may facilitate payment of the supplement directly to the landlord, but this is subject to agreement of the tenant and local policy.


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## Trustmeh (1 Apr 2008)

*Re: Social welfare tennant not paying up!!!*

Has the tenant applied for RA before?

It can take 6 weeks (depends on the county) to get the check - if the tenant has not registered for RA before it can be slow.  I only accept RA from tenants that have already gone through the process as they usually have their stuff organized.

You should have made an agreement with the tenant to pay the rent even if RA falls through. Your tenant assumed that when you agreed to accept RA that you also accept the speed of the process...slow.  The tenant probably cannot afford to come up with the rent if they dont get RA.

If you have contacted social welfare - they can confirm there is an application in place, but thats about it.  You are either going to have to trust that everything falls into place - or get heavy handed and evict tenant.

One word of warning. The social welfare looks after the interest of itself and the tenant at this stage. They will not inform you if the application falls through - or if the tenant decides to dump you and move elsewhere.  Untill you get that first check you are wide open to a tenant just walking out.


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## sam h (2 Apr 2008)

The CWO often looks for proof that the landlord owns the house & is legally entiled to rent.  I was asked for a solicitors letter one time - called the up & asked who would pay for this & they said I would!  After a conversation, she realised I had rented to a RA teant before, so suddenyl I didn't have to do it!  The rules would put you off taking a RA tenant!!  Not sure if that rule applies all the time.


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## Welfarite (2 Apr 2008)

sam h said:


> The CWO often looks for proof that the landlord owns the house & is legally entiled to rent. I was asked for a solicitors letter one time - called the up & asked who would pay for this & they said I would! After a conversation, she realised I had rented to a RA teant before, so suddenyl I didn't have to do it! The rules would put you off taking a RA tenant!! Not sure if that rule applies all the time.


 
The CWO is looking for proof that the tenant actually lives there nad that the "landlord" is actually who they say they are, not just a mate signing a form for a mate.


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## sam h (2 Apr 2008)

I do understand that Welfarite & I take your point, but it would put you off taking a RA tenant as I don't see why I should have to pay to get a solicitors letter to take a certain tenant.  Many landlords refuse to take RA tenants (I don't), so I don't see why should I be penalised?


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## MrMan (2 Apr 2008)

Send a letter to the tenant and a copy to the SW dept you dealt with outling that late payment of rent is a breach of contract and that if payment isn't made by x date and on time for subsequent months on (x of each month), then you will be left with no alternative but to terminate contract. Do this now while you have the money to cover next months rent. Also clarify with tenant and SW that you want rental payments sent directly to your home address or account and not via tenant. If they don't agree, hand them their notice and look for non RA tenants.


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## gipimann (2 Apr 2008)

MrMan said:


> Also clarify with tenant and SW that you want rental payments sent directly to your home address or account and not via tenant. If they don't agree, hand them their notice and look for non RA tenants.


 
As mentioned earlier, there is no obligation on the Community Welfare Officer (who is a HSE official, not SW) to pay rent supplement directly to a landlord, so sending a letter of the type suggested may have no effect whatsoever.

I doubt that evicting a tenant because the HSE won't pay the landlord directly would stand up in any court - whatever about evicting a tenant because they are not paying rent.


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## MrMan (2 Apr 2008)

> I doubt that evicting a tenant because the HSE won't pay the landlord directly would stand up in any court - whatever about evicting a tenant because they are not paying rent.



You wouldn't need court proceedings, you would be terminating contract as is your right within first 6 months, assuming its not a fixed term contract.


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## Angrygirl (4 Apr 2008)

Thanks alot to everyone that tried to help me with this.. Edventually my tenant answered the phone to me and I went down to see her. The social welfare are only paying half the rent so she can not afford to pay the rest herself, she agreed to leave.. her deposit covers her until the 10.04 and i have agreed to let her stay until the 17.04 unless she finds somewhere in the meantime.. just hope she leaves on time now!! god its alot of hassle agreeing to social welfare, i dont think i'll do it again


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