Finding it impossible to evict tenantMake Text Bigger
I have a tenant, who has not been paying rent since December 2016. I served Section 8 and Section 21 notice together in Jan 2017. I attended hearing under Section 8 Grounds (mandatory) for more than 2 months in arrears. During the hearing the tenant alleged that, he made December payment in Cash therefore he alleged that at the time I served Section 8 notice he was in only 1 month in arrears. The Judge asked him to provide evidence to which he responded he may have CCTV Evidence, Judge ordered that, he files and serves video evidence by 17/03/2017 which he failed to do. Judge also ordered at the same time to attend hearing on 24/03/2017.
He turned up on 24/03/2017 and filed another defence in writing before entering court room. He alleged that, he replastered and repainted the whole house, got new fridge and also contributed £300 towards boiler replacement in Cash which he is intending to offset against “Rent Arrears”.
To put this matter in prospective, all of this work carried out was conducted before he moved into property. He voluntarily did this work and the property was habitable before his occupation. He provided video evidence that entered the house the day when rent was due in December which was not in dispute in any case. As I went there they told me that they could not pay until the following month when they intend to pay both months together.
Judge was rather biased and stated that he had no choice, but to list the case for Trial to test the oral evidence, but did warn first available date would be in months. I pleaded and made him aware of mounting Rental Arrears to which he took no notice.
I am tempted to go down Section 21 Route, but I am not sure, whether he will again contest this and I will waste further time during this process. The Section 21 expires on 17/04/2017. Therefore I can commence process after this date.
Any advice would be appreciated
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