Landlord obligations whilst waiting for Possession Order?

by Readers Question

14:07 PM, 11th May 2016
About 3 years ago

Landlord obligations whilst waiting for Possession Order?

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Landlord obligations whilst waiting for Possession Order?

I have served a S21 on my Tenants and when they failed to leave the property, I have applied for a Possession Order with local courts. This has been served and the 14 days allowed for the Tenant to put in a defence expires on Friday. obligations

My question is – the washing machine has broken, am I still obliged to fix it under these circumstances? Also the Tenant wishes me to confirm that they are still living there – am I obliged to do this, or can I just refer her to the court papers that she will have received?

Thanks for any help and advice.

Jill



Comments

Mike T

9:43 AM, 12th May 2016
About 3 years ago

I very much doubt that a (recent ?) washing machine breakdown can be used as a valid defence against a section 21 notice. I don't think that there are that many defence options to use against a repossession order.
As for confirming that they are still living there - this may be to confirm that they have not yet been evicted and possibly a local housing authority has asked before offering/providing accommodation.

Mark Lynham

10:09 AM, 12th May 2016
About 3 years ago

I have been in this situation before and whilst it grates on me my understanding is that whilst they have possession you as a landlord still have repairing obligations...

Jan Martin

10:17 AM, 12th May 2016
About 3 years ago

As a matter of interest how long ago did the washing machine break .
I wouldnt put anything in writing they have their court paperwork if they need to show anything to anyone .Just carry on and let the court paperwork do its job and get your property back .

Rob Crawford

12:25 PM, 12th May 2016
About 3 years ago

If you are trying to possess the property and the fault was reported before the order was served it could very well scupper the eviction. Best to sort the washing machine issue out and mitigate this risk. It will give you an opportunity to visit the property. Make the arrangements in writing just in case they refuse entry and a neat trick is to ask them when you can visit. This places the ball in their court. I would not confirm they are living there etc - they have an AST, that should be suffice for the council and they can always contact you to confirm this.

Clint

13:16 PM, 12th May 2016
About 3 years ago

You are obliged to fix the washing machine until the tenant is evicted which could be until a bailiff gives you possession of the property.

If your tenancy started before 1st October 2015 and no new tenancy agreement was signed after this date, the section 21 notice will still be valid if served correctly and the section 21 notice is not invalidated by a complaint from the tenant that repairs have not been carried out.

If the tenancy started after 1st October 2015 or a new tenancy agreement was signed then there is a possibility that your section 21 notice could be invalidated due to lack of repairs

jill skinner

21:01 PM, 12th May 2016
About 3 years ago

Thanks all for your helpful comments. I will undertake washing machine repairs then. The S21 is all in order, just waiting for the court to award possession.
Regards,
Jill

Warris Asad Iqbal

21:46 PM, 24th February 2017
About 2 years ago

I bought a property in auction in July 2016 and I had given.the tenant a tenancy agreement in august 2016 for AST for 6 months. The tenant didn't paid me any rent since the start of tenancy nor a deposit was paid but she told me boiler was not working .
Then she never picked my call or open the door when I try to visit the property.
I served her s21.in December 2016 and filed in my claim in end of January. Today I received a letter from court saying my claim for possion was "struck out " because claim was made b4 the expiry period of 2 months of s21 notice. What should I do now.please help. And do I need to fix the boiler and get gas certificate etc. She doest let me have the access to the property. ? I sent her sms but no reply . Please help.


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