Tenant has stopped paying rent!

Tenant has stopped paying rent!

9:34 AM, 17th July 2023, About A year ago 168

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Hi all – newbie here and what a mess I’m in! I stupidly rented my house out feeling sorry for a single parent on benefits. The rent is £550 pcm and has not been increased over the 6 years as her benefits would not cover it. I asked for a £50 increase per month in October, and since then the tenant stopped paying altogether.

I issued a section 8 and one week before the hearing she obtained emergency legal aid. One day before the hearing a surveyor attended the property and a counterclaim of disrepair was submitted. I’m due back in court on the 31st but my defence must be submitted by the 20th. I received the court instructions on the 13th.

I couldn’t issue the s21 as all the housing paperwork was lost in a house move. The costs are massive and I’ve run out of funds. Could anyone please offer any advice?

I’m not entitled to legal aid because it doesn’t cover this case.

Thanks,

Tracy


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Ma'at Housing Solutions

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10:33 AM, 22nd July 2023, About A year ago

Reply to the comment left by Happy housing at 17/07/2023 - 11:22
It should state in the tenancy agreement that the Tenant has a legal duty to report any disrepair immediately to the landlord.
Therefore if the landlord is conducting regular property inspections then disrepair issues should be picked up sooner rather than later?

Happy housing

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10:33 AM, 22nd July 2023, About A year ago

Reply to the comment left by Ma'at Housing Solutions at 22/07/2023 - 09:15
I already did this they put me through to 3 depts and said you need to get a solicitor involved.

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10:37 AM, 22nd July 2023, About A year ago

Reply to the comment left by Carchester at 22/07/2023 - 10:13
It depends on council. I've rang them few times all they keep saying go get a solicitor

Happy housing

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10:41 AM, 22nd July 2023, About A year ago

They make up stuff all the time

Ma'at Housing Solutions

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10:47 AM, 22nd July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 14:23My goodness, I've never heard that before! " UC withdrew the offer to pay because the tenant claimed this would affect her mental health"?!
Surely the potential for falling into arrears would have a greater negative impact on someone's mental health?!
As an Officer who participated in the pilot's for the roll out of UC, direct payments to Landlords to PREVENT arrears and thereby prevent the possibility of eviction on those grounds was something we INSISTED upon. Yes government ignored many of our concerns raised during the pilot's however there is an 'unwritten agreement within housing/ homeless teams that direct payments CAN be made where a tenant may be at risk of arrears occurring.
I personally would create a form or clause in an existing form for this very reason, that the Tenant would HAVE to sign if the council was assisting them to secure the accommodation.

Happy housing

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10:50 AM, 22nd July 2023, About A year ago

Reply to the comment left by Ma'at Housing Solutions at 22/07/2023 - 10:47
Agreement and notice dont go far. It's only step 1. If a tenant doesn't want to leave or pay they will do what they can to stay 4 free.

Ma'at Housing Solutions

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10:59 AM, 22nd July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 14:18Sorry to hear this Tracy.
Although I'm not a lawyer -and please do NOT treat this as legal advice!- but on the basis of when you state the solicitor made you aware of the counterclaim, the solicitor does not appear to have complied with the pre-action protocols... very concerning!
Assuming you now have a copy of the counterclaim, this is actually helpful to your case to show how the tenant and/ or their legal representative has not been reasonable in resolving the matter as amicably as possible.
As Marie had advised, you need to carefully nitpick through the counter-claim...
Incidentally if I'm not mistaken did you say that you had lost all the tenancy related documents?
If so and the tenant is on HB, contact the HB team as they should be able to provide you with a copy of the agreement.
Good luck and best wishes 🌹

Carchester

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11:09 AM, 22nd July 2023, About A year ago

Reply to the comment left by Happy housing at 22/07/2023 - 10:37
This comment has no relevance to the use of a "McKenzie" friend.

Ma'at Housing Solutions

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11:10 AM, 22nd July 2023, About A year ago

Reply to the comment left by Happy housing at 22/07/2023 - 10:50Sorry but I fundamentally disagree.
Its also unfortunate that you evidently have such a negative opinion of tenants as if they are ALL INTENT ON RENTING A PROPERTY WITHOUT PAYING THE DUE RENT??!
To me that is no different than those who perceive and state that: ALL PRIVATE SECTOR LANDLORDS ARE HEARTLESS PEOPLE ONLY CONCERNED WITH PROFITING FROM THEIR TENANTS!
And we all know that to be absolute nonsense!
It is this disconnect, mistrust and lack of understanding of the respective legal responsibilities on the part of both Tenants and Landlords - oh and my love of housing matters!- which is prompting me to start an independent housing advisory service.😉

Ma'at Housing Solutions

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11:15 AM, 22nd July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 14:08
So glad to hear that you have managed to secure some legal advice.

Good luck and best wishes!🌹

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