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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Seething Landlord

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14:47 PM, 17th July 2023, About A year ago

Reply to the comment left by Marie Lee at 17/07/2023 - 14:37
It is not difficult to track back to the previous comment - just click on the date/time highlighted in orange.

Happy housing

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15:04 PM, 17th July 2023, About A year ago

You need to send emails instead, so you have it all evidenced.

Happy housing

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15:05 PM, 17th July 2023, About A year ago

Why have you not got your tenancy agreement in your emails?

Amanda Osborne

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15:18 PM, 17th July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 14:08I issued a Section 8 for rent arrears - 26,0000 = 3 years (because of Local Authority/Benefits/Universal credit messing around) and struggling to pay for legals.
Tenant put in counterclaim which tenant could not support and was all lies. Court dates added to delay. Hearing was for September 2022 but even though tenant could not support her counter claim with evidence, her legal aid kept then offering dates for her to vacate. Despite agreements she did not stick to any dates. Finally legal agreement and she left 31 January 2023. The Court system is always 2 months away and if you win and tenant still does not vacate by agreed date, Bailiffs take another 6 - 8 weeks to appoint.
If you can agree to waive arrears and get her out that is cheapest (if you can call it that!) and easiest option. At least it preserves your sanity. If you do waive the arrears make sure you have a clause put in that the tenant cannot come back at some date to claim for disrepair

Trapes

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15:31 PM, 17th July 2023, About A year ago

Reply to the comment left by Amanda Osborne at 17/07/2023 - 15:18
Thank you!
I will speak to the solicitor about this😊

Martin O'Hearne

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16:05 PM, 17th July 2023, About A year ago

It’s so unfair that reports like this never really get the media attention they deserve. Can you even start to imagine the same situation but under the new Renters Reform Bill, it sends shivers down my spine and I’m a 25yr established portfolio LL. There are lots of lessons to learn here and for you, many of them are hard lessons. But to all LL’s, new and old, the main lesson is never ever take a tenant without a guarantor, no matter what their status, or how nice & friendly they are, or even if they’re a family member, yes, even then! This business is a dreadful business to do business in, and you’re better off out of it, but until you sell, don’t put yourself in an even worse situation than necessary because you’re too nice, someone will take advantage of you!

Trapes

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17:00 PM, 17th July 2023, About A year ago

Reply to the comment left by Martin O'Hearne at 17/07/2023 - 16:05
You are absolutely correct!
Accidental landlord here - my one and only property and will definitely never ever do it again.
As you say - a very hard lesson.
Just to add - for anyone else reading here, please, please, please make sure there are no wobbly taps , pulled off radiators or leaks you never knew existed before you think about issuing a possession order.
That bite on the backside really hurts !!!
Thank you all - you have been amazing 🤩

Happy housing

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17:03 PM, 17th July 2023, About A year ago

The tenant has to report the issues, LLs are not mind readers I can understand if they reported the problem and LLs not done anything about it. Shouldn't the judge ask them for evidence?

Dennis Leverett

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17:41 PM, 17th July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 17:00
Wobbly taps, toilet off wall, leaks etc. are easily achieved purposefully by tenants trying to rip you off. Do you have photos/condition report of accommodation before she moved in and regular inspections. You can't fix what you don't know about and she will not be able to prove that she contacted you immediately about the problems, assuming she didn't. We do regular inspections with our own standardised checklist and tenant has to sign for anything that has changed from previous. We are though going to sell up as tenants leave and go back to renovating and flipping properties, much safer if you know what you are doing. Good luck your gonna need it.

Trapes

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17:46 PM, 17th July 2023, About A year ago

Reply to the comment left by Happy housing at 17/07/2023 - 17:03
Hi
No these were not reported and only came to light on the day of the survey - one day before the hearing.

I’m looking on eBay right now for a crystal ball 🥴

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