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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Trapes

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22:07 PM, 17th July 2023, About A year ago

Reply to the comment left by Mike Fleming at 17/07/2023 - 19:22
I’m sorry for you.
I think it’s outrageous that HB pay the tenant, they don’t pass it forward to the LL and then the outstanding arrears are offset against any damages/ compensation the tenant is claiming for.
My tenant has had a couple of holidays, lip fillers , nails and a couple of hairdresser visits with the money paid to her for rent.
Meanwhile I’m working 12 hour shifts to cover the mortgage, repairs and legal fees.
Makes me feel sick

Trapes

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22:12 PM, 17th July 2023, About A year ago

Reply to the comment left by David Houghton at 17/07/2023 - 22:02
But if you waive the arrears, the section 8 is no longer valid as you have to be 2 months in arrears for it to be served?
It would be amazing if I could just get her out.
I want to sell the house and pay off all of these debts I’ve incurred BECAUSE OF HER !!!

David Houghton

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22:21 PM, 17th July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 22:12
No the waiver would take place when she gives the keys back

Paul Smith

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22:25 PM, 17th July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 14:14
I went to court twice and represented myself. The first tenant owed more than £3k, tenant didn't turn up and order was made in my favour. I found the judge very fair and quick. Second time tenant was there. Just had to listen to her nonsense then told Judge I had raised rent from £520 to £600 a month as my mortgage had gone up £4,116 a tracker £84k mortgage so needed the rent. The tenant stoped paying anything and said I should take her to court. I took her to court and she had no representation and not prepared. But she told the judge she had no hearing and deferred judgement. She was given two weeks to raise counter which she didn't do. I then attended court again and so did she. She was represented this time and was told to pay everything she owes and costs while the case was deferred. I asked for a possession order, but not given. The search for getting the property back continues.. I blame the banks, everyone says they are fighting inflation, but they have raised rates by 4.9% on my mortgage. It is not clear the bank faces a higher charge on servicing my mortgage when rates go up. What is clear is they make more money and give some to savers who to be honest don't need it as much. The Bank of England scrapped the their own affordability criteria in Aug 22, that ensured rate rises of 3% were affordable. They increased rates by 4.9% from December 21, they know this is unaffordable and that is #NotOK

Trapes

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22:25 PM, 17th July 2023, About A year ago

Reply to the comment left by David Houghton at 17/07/2023 - 22:21
Really??

That would be fantastic!I might just sleep tonight

Thank you

Trapes

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22:32 PM, 17th July 2023, About A year ago

Reply to the comment left by Paul Smith at 17/07/2023 - 22:25
This is sounding too familiar - my main worries is that I will have to pay the tenants legal fees.

I’m scared that I could effectively have to sell the home I live in to pay her costs if I’m unsuccessful.

I really hope you get your property back soon .

Well done for representing yourself.

I couldn’t do that , my anxiety is too bad 🥴

David Houghton

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22:33 PM, 17th July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 22:25
If you make the offer direct to her. It's possibly worth throwing in some cash. If you do it through her solicitor they would want costs too otherwise she gets nothing. Do it directly and of course make the offer "without prejudice" and make this clear. That way it can't be brought up in court to support her claim

Marie Lee

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9:47 AM, 18th July 2023, About A year ago

Reply to the comment left by Seething Landlord at 17/07/2023 - 14:47
If I wanted to!

David Houghton

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9:57 AM, 18th July 2023, About A year ago

Reply to the comment left by Seething Landlord at 17/07/2023 - 14:00
Thanks but that's not the way it works . For example if the court finds the disrepair halved the amount of rent due for a year before the possession notice then there at the time of service there could be no arrears at the time of service but by the time of trial over 8 weeks arrears. As now the tenant is not paying and a trial could be 6 months away. As an ex HMO landlord they didn't have to prove notice on my property. So would often try it on. Never worked. It did delay things and some expensive court fees. That's why if using ground 8 always use 10 and 11 as well

Marie Lee

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10:01 AM, 18th July 2023, About A year ago

Reply to the comment left by Trapes at 17/07/2023 - 17:46
At least you have still got your sense of humour.I know that time is short for you, but first thing find a tenancy agreement on the internet, something that looks like the one you issued and study that for tenant's responsibilities. All is not lost if T has not reported the faults repairs etc. Despite what the surveyor says, if she didn't report them she can't now complain or claim. You also said she wouldn't let you in for an inspection, that is also in your favour. Some people believe that judges are only there to sort out the legal issues, but that's not often the case, they hear both sides and have to decide who is lying, in this case it seems as if the T is!!

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