Can I issue S21 during counterclaim situation?Make Text Bigger
Nightmare tenant, arrears, treats the place like a tip etc. Section 8 issued for rent arrears – eventually paid up when case came to court.
Then her legal representative threw back a counterclaim of ‘landlord disrepair’ knowing she had just secured Legal Aid (how the hell this was granted knowing that there was no evidence at this point to show any disrepair, but that’s another issue in itself!), and wanted a bit of kudos for potentially winning a case against easy prey as all Landlords are clearly evil of course.
Anyway this counterclaim for disrepair is ongoing despite there not being a case for us to answer as all repairs done etc (trial set for Dec)
My question is; irrespective of this counterclaim, we have been asking the tenant stick to her TC and all the tenant responsibilities contained within. She has disregarded the lot – smokes in the property, pets in situ, ripped up all the carpets, replaced all internal doors, removed all the patio slabs and cracked the lot, build up of rubbish in back garden, dog poop all over the grass, blocked drains, blocked in radiators, removed smoke alarms…the list goes on. Last LL check was done and she was asked to address these issues – no action at all. I want to issue a S21 now as this is starting to degrade the house in addition to rent arrears accumulating again.
Is this wise with the counterclaim going on?
I can’t see how we can be expected NOT to evict her given her reticence to do anything in the house to make it better. She is in violation of her TA and she just has to go.
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