Tenant has stopped paying rent!

Tenant has stopped paying rent!

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

Text Size

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


Share This Article


Comments

Trapes

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

17:50 PM, 17th July 2023, About A year ago

Reply to the comment left by Dennis Leverett at 17/07/2023 - 17:41
I have not been allowed into the property after a police caution.
I had a friend of mine try but the tenant claimed intimidation.
When I have tried to gain access previously, she has been out, so I haven’t been in since September last year

Judith Wordsworth

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

18:44 PM, 17th July 2023, About A year ago

Do you have legal cover on your property? Contact them via your insurer/ broker. Might even have cover on your own home Legal cover

Castle

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

19:22 PM, 17th July 2023, About A year ago

There was a suggestion to offer to waive the arrears. I would be interested to know of people's opinion on this as I am in similar situation. Wouldn't a HB tenant know that getting the arrears recovered would be unlikely anyway? I know that some councils deprioritise tenants that have been in arrears previously done there might be done leverage there

Andrew Marsh

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

19:40 PM, 17th July 2023, About A year ago

I worked in a housing department for years dealing with Section 11 Disrepair Claims. In order to be successful, your Tenant must be able to evidence that the repairs listed in in the schedule written by the Surveyor have previously been reported to you.
You should present all correspondence between yourself and the tenant. Providing the court with accurate records will help your cause. You don't necessarily need a Solicitor to defend a case. The hearing is your application so that is what the Judge will hear. If they rely on Section 11 as a defence you simply advise the court that this report is the first time you have been notified (if that is the case!). If the tenant said she rang or text then that needs to be evidenced. Unfortunately it will come down to whoever looks the most credible in court by providing the best evidence. Good luck. It would look good as well if you get the repairs sorted before the hearing. Make formal appointments to access the property. If the Tenant refuses then the the court will take a dim view of the Tenant.

SAM UK

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

20:41 PM, 17th July 2023, About A year ago

Looks like this is a job for the driscal brothers for a quick eviction.

Trapes

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:51 PM, 17th July 2023, About A year ago

Reply to the comment left by Andrew Marsh at 17/07/2023 - 19:40
OMG! Really?
I hope you’re right.
The tenant did not inform me of ANYTHING on the surveyor report, and all repairs previously had been reported to the duty officer at the council as she always went directly to them with any issues and not me.
The council closed the case.
I feel a glimmer of hope
Thank you x

Trapes

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:55 PM, 17th July 2023, About A year ago

Reply to the comment left by SAM UK at 17/07/2023 - 20:41
If only…

Trapes

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

22:00 PM, 17th July 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 17/07/2023 - 18:44
Thank you Judith

I don’t think I have any legal cover but it is definitely something I will be checking.

😊

David Houghton

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

22:02 PM, 17th July 2023, About A year ago

Reply to the comment left by Mike Fleming at 17/07/2023 - 19:22
Yes offer to waive the arrears for vacant possession. If they go for it great, as you would struggle to get your money anyway.

David Houghton

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

22:04 PM, 17th July 2023, About A year ago

Reply to the comment left by Mike Fleming at 17/07/2023 - 19:22
I think what you mean is a tenant evicted due to rent arrears is voluntarily homeless. Yes that's true but so is one who leaves before the bailiffs

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now