Tenant hasn't paid rent for 2 months, claims DSS and has now gone AWOL. What can I do?

[Tuesday83]

Tenant moved in July 2009, paid rent for July and August, didn't pay for September or October and then early November just disappeared, leaving all of her stuff.
Sister came over to collect her belongings, saying she doesn't know where she is.

What can be done about the two months of missed rent?

[OrcadianOil]

And you let the "sister" take the belongings? What a mug, you should have held onto that as collateral for the unpaid rent. You've been had.

[Tuesday83]

She doesn't work - she claims social security. I have her parents address but I can only assume she is there.

I've been told I have no rights to her belongings and unless a judge says I can keep them, I have to give them back.

[Hawkwalk]

keep her deposit which should cover you for at least one month, then you have not lost out on too much.

[rich8888]

hopefully you have a deposit, and a tenancy agreement then you have a right to keep it to cover any costs

[Twenty20]

You can only use the deposit in lieu of rent if that is allowed for in the AST.

What checks on her did you do before you let her rent the property?

Personally, I wouldn't have released the belongings to her sister - how do you know her sister is entitled to have them? She must have been in contact with your ex tenant anyway to arrange for her to collect it.

You can instruct a Tracing Agent to find your ex tenant but you have to decide whether it's worth it. Can she afford to pay the rent due anyway.

Just out of interest, why are you assuming that the tenancy is over? Have you had notice from the tenant? Have the keys been returned? If neither of these, then you could be committing an offence by entering the property (it doesn't matter, legally, that she hasn't paid the rent).

[carrot99]

is it possible she claimed housing benefit and thinks that you are being paid by the DSS - doesn't explain the sister collecting the belongings though?

[lizzydrippin]

Its pretty obvious to me that the tenant has done a bunk, she would have been receiving housing benefit otherwise how else did she pay the first 2 mths rent, she would have done her flit taking the housing benefit with her (she knows it isnt being paid directly from the DSS (the tenant does) because she's already received the first 2 mths rent that she did give to the landlady). The sister that collected her belongings was well aware of where she was. Its a common occurence that happens often which is why landlords and landladys take the precaution of taking a months advance rent plus a deposit or bond of some kind. Thats the only way to avoid being ripped off by unscrupulous tenants. I bet Tuesday83 won't let it happen a second time.

[socket2008]

If the sister didn't know where her sibling was, why/how did she know to come to collect her things?

Ever read those ads in the papers 'no DSS'. There's why.