Tenant has stopped paying rent!

First thing, if you have a mortgage, go to your lender and ask for help, they will give you help and advice. The last thing you want is for your property to be repossessed. Look up everything you can about the subject, the gov website is pretty good, but read others as well.

Make a list of all the paperwork you have lost. things happen, and the judge will treat you fairly if he knows that you are a genuine person who has done all the right and legal things.
I don't understand what you are saying about the counterclaim for disrepair. Who instructed the surveyor? Also,could you explain what these so-called disrepairs are?

I recently submitted an eviction application to the court (my tenant won't move out) and in the N119 form that I could think of about the tenant and my behaviour over the past six years of the tenancy. So you must list everything you can think of too in your defence, including no rent increase in 6 years, how she stopped paying when you tried to increase the rent etc, ect. You have to defend yourself with every tool you have available to you, show the judge that you are a good, reasonable and fair person.

May I suggest - go and see a solicitor. This all sounds difficult. Good Luck.
Whilst too late on this occasion, small rent rises annually are often recommended here and on other forums. As a matter of interest even with a Sec 8 ground 8 which iIpresume you are using notice you need some paperwork at least. How have you manged thus far?

Ooops sorry in the N119 para..."I wrote everything I could think of about the tenant that...

They are making a counter claim for disrepair under s11 of the housing act 1985.

They often exaggerate the claim so don't be fooled by the schedule of special damages. If it's not under s11 it's not covered.

They need to prove at trial thete is disrepair (less than neutral experts help that a lot) and they gave you notice.

The tenant has nothing to lose, so is unlikely to accept a reasonable offer.

The court fees will be expensive.

They need to prove the loss is greater than the rent arrears to stay in possession.

You should inspect the property for any disrepair under s11 and remedy it. Your own surveyor might help.

You can protect yourself (and put pressure on the solicitor with a part 36 offer. You will need to Google the rules if this. If the tenant doesn't beat your offer the solicitor won't get paid and that's your only negotiation card

You either have to do a lot of legal research and do your own legal work, or employ a solicitor who specialises in this sort of work.

Accept it's going to get expensive.

Reply to the comment left by David Houghton at 17/07/2023 - 10:26
Tracey has said she is out of money, so is getting a solicitor and option for her? Also, judges are very fair and see when tenants are lying or exaggerating the truth. She can also call or look up Shelter. She does not have much time, though.

What loss and offer are you referring to?

sorry for the questions but not everything is clear on Tracy's message.

Many thanks

I'm in the same situation. Served a s21 and section 8 tenant on hb still not moving or paying rent.

We experienced this last year. Benefit tenant. No rent paid 26,000 arrears. Council (Lincoln City Council) tried to claim disrepair even though all damage caused by tenant. Tenant also received legal aid. Local authority do not want to rehouse your tenant. Hopefully your local authority (Private Housing) has not inspected your property? If they have not carried out an inspection already, try and keep it that way. If they do want to carry out an inspection they have to notify you. Make sure you attend inspection and record it. Take photographs.
If local authority hasn't carried out any inspection yet, make an appointment and insist on inspecting your property. Take lots of photographs.
It really is to your advantage to get legal help. I know it is expensive and we struggled but it is daunting in court and the tenant's legal aid will certainly use lack of documentation to their advantage. Even with a Section 8 notice which should be for certain breaches ie rent arrears, anti-social behaviour etc. The tenant's legal team can still challenge and defend.
Have you offered to waive arrears if she will vacate immediately? I know this is painful but gets rid of tenant who probably won't pay up but will save you further expensive legal costs.
Does your property insurance provide legal cover?

Reply to the comment left by Happy housing at 17/07/2023 - 10:52How awful for you. The housing offices advise people to stay put until the bailiffs come but they never advise tenants not to pay their rent.

Yes do anything not to pay. My tenant hasn't responded in months. Just not paying, they won't tell u things need doing there just building up.

Lots of good advice already here and bottom line is good legal assistance should this go to court. You've already realised how expensive and slow this process is; so how well do you know the tenant? Just an assumption given you mentioned 'feeling sorry' for her situation at the start of the tenancy. Have you tried face to face communication? As already suggested offer waiving arrears if she just leaves without any further hassle. Far cheaper and quicker than going through court system. Whilst you suffer a significant loss you'll at least have your house back and given rental yields atm you will almost certainly get a much higher rent (whilst also learning harsh lessons for future decisions)! Worth a try at the very least but your choice.