Tenant has stopped paying rent!

Reply to the comment left by Marie Lee at 17/07/2023 - 10:13
Judges are not there to decide whether people have acted fairly and reasonably. Their only concern is to establish the relevant facts and apply the law accordingly. The emphasis is on the word relevant.

It sounds as though the possession claim is based on rent arrears so it will be necessary to prove that the arrears were at least two months rent at the time the proceedings were commenced and at the date of the hearing. I do not know whether the value of any counterclaim can be set off against the outstanding rent when making this calculation but if so, it could make the outcome of the possession claim very uncertain.

This will be a difficult case to bring to a successful conclusion without professional help.

Yes but if you claim for rent arrears and then the counter claim comes on, it's stops them moving out meaning there claim goes further and no eviction?

The Section 8 on grounds, 8,10 and 11. If she is two months in arrears the eviction is mandatory under ground 8. The judge should grant it regardless of the counter claim. If she didn't appeal the rise notice (section 13) within 14 days she will also have accepted that and will have to pay that aswell.

I had exactly the same and in court a counterclaim was raised, so the judge delayed pending information. The counterclaim was bogus and couldn't be substantiated. The judge ordered her to pay increased rent and costs. I was letting the property below market rent but at the next review because of mortgage costs am increasing to market rent. The bank have tripled my costs and LHA has not been increased for three years. Squeezed at both ends. Greedy Banks.

Yes banks plus council don't help most landlords keep up maintenance. Tenants try and create maintenance to by this to cause issues

The other thing you need to do is serve s8 ground 10 and 11 notice. On expiry issue additional proceedings with an application to be joined with the existing proceedings. As it stands if the disrepair claim offsets some of the rent and the tenant is deemed 7 weeks in arrears at the time if service of notice then ground 8 is defeated even if she owes a year's rent by the time of the final hearing

Apply for direct payment of universal credit or housing benefit.

Stop the tenant recieving the payment until you get direct payment

Reply to the comment left by David Houghton at 17/07/2023 - 13:30
I can see that a counterclaim for disrepair could justifiably be set off against a claim for rent arrears but is it not arguable that the possession claim stands alone and should be decided on its own merits?

Logic suggests (to me at least) that the claim for disrepair does not reduce the amount of rent outstanding at the relevant dates although once it has been quantified by the Court it would affect the amount of the balance as between the parties.

Hi all

Thank you all so much for your advice.
I managed to borrow some money to pay for a solicitor and council to submit my defence.
There will be a case meeting on 31/7 and I believe my papers will reach the courts by the deadline of 20/7.
I believe the surveyor was instructed by the tenants legal aid solicitor.
He found many things that I was not aware of - a wobbly tap, toilet pulled away from the wall, damp in a cupboard due to a shower leak above.
I have addressed every single repair I had knowledge of, but these surveyor findings have come as a shock.
They suggest I insulate the internal walls although the house is adequate EPR
Evidence of a mouse infestation, battery smoke alarm not working , and a trickle vent not fitted to the bathroom window.
Since the report, I have addressed as many findings as I could afford but not the insulation. .. £3000😭
The tenant has caused a lot of damage to the property, flytipped my furniture, painted walls and kitchen cabinets very badly, pulled off a radiator and all of the window blinds and that’s just the start!
I’m so sorry for the other people on here that have or are facing a similar experience.
It’s hell!

Reply to the comment left by Seething Landlord at 17/07/2023 - 12:27
I don't agree with you on judges. People lie all the time and a judge has to decided who is and who is not telling the truth. the T could say anything (my LL has not done any repairs for example) It happens all the time.

Reply to the comment left by Amanda Osborne at 17/07/2023 - 11:01
Hi
I would happily waive the arrears, maybe this will be offered at the case meeting?
I just want her to go away!