S21 notice/Rent arrears/repossession order?

S21 notice/Rent arrears/repossession order?

10:25 AM, 7th March 2023, About A year ago 45

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Hello, I have a question: My tenant is in rent arrears by 6 months and those arrears now stand at £9,600. I have served the tenant a S21 notice followed by a repossession order.

The council pays the tenant £1,875/month towards the rent. The council is also aware that a S21 has been served.

Is it fair for the council to continue to hand over £1,850/ month towards the rent when the tenant is holding back that money?


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21:42 PM, 7th March 2023, About A year ago

My advice... get out of BTL! It really isn't worth the hassle. You are not a social housing provider.

Amy B

10:28 AM, 8th March 2023, About A year ago

I would definitely contact universal credit to ensure the rent is paid to straight to you. my other unsolicited advice as landlord is if you're going to continue renting out your property, definitely consider a company to manage your property on your behalf.

Reluctant Landlord

10:29 AM, 8th March 2023, About A year ago

Reply to the comment left by Bill irvine at 07/03/2023 - 12:54quick question Bill as a bit of a follow on...if I may...
You can apply to DWP for rent arrears but it states tenant has to be in two months of arrears first. Is that two months of full rent (as in the total amount of the rent) or could this actually be determined as the amount of rent they are personally responsible for (eg the top ups to the UC housing contribution)?
I have never got to the bottom of this. I would suggest there is a valid case that it CAN and should be the top ups as this is the only arrears that could accrue if the LL already has a direct payment established.
Ergo if the top ups were £50 per month and the tenant is now in 2 months of arrears (£100) then a deduction can be requested. I should not have to wait for the total of £1k to be met (if the rent was £500pcm for example) to make a request.
Your view/experience please?

Paul Ellis

13:17 PM, 8th March 2023, About A year ago

Usually after missing 2 months you can apply to universal credit to pay you directly (i have done this in the padt) you can also ask them to deduct some money from their benefits to slowly rrpay the arrears. Not sure if they will do this if an eviction order is in force though.

Rob Gordon

20:01 PM, 8th March 2023, About A year ago

Forget Section 21, these are far too complicated now. Use a Section 8. Also tell UC that there are arrears, and money should be sent to you, although you will have to receipt this as MESNE PROFITS NOT RENT. If there are at least 2 months arrears as at the date of the hearing, the Judge will HAVE to grant you possession of the property as well as judgement for the amount you have claimed.

Chris @ Possession Friend

0:34 AM, 9th March 2023, About A year ago

Reply to the comment left by Rob Gordon at 08/03/2023 - 20:01
Unless there's a Counterclaim for Disrepair, which I'm sorry to say, is becoming more common.


16:56 PM, 9th March 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 07/03/2023 - 12:37
Your comment regarding the possibility of getting an attachment on benefits order has piqued my interest. I am an offshore BTL investor who has a CCJ against a tenant and would like to pursue this option. I know she milks the system as a seasoned rogue tenant. Could you provide me with information on how to do this? I apologise for my ignorance in advance but the UK system of finding and hounding an ex tenant has proved to be a minefield of dead ends thus far and frankly not worth the effort. It galls me that she has stolen almost GBP20 000 from me and I am left with little to no options for recouping it.

Rob Gordon

17:10 PM, 9th March 2023, About A year ago

Reply to the comment left by Chris @ Possession Friend at 09/03/2023 - 00:34
But still much more simple than Section 21. With Section 8 and substantial arrears only TWO WEEKS notice is required.


14:18 PM, 11th March 2023, About A year ago

Reply to the comment left by Chris @ Possession Friend at 07/03/2023 - 16:52
Yes getting a guarantor is vital, however the competition and markets authority have just started a rental review of landlord practices and they consider that asking for a guarantor is an onerous contract term that gives to much power to the landlord. We will have to see how their investigation pans out.

Pendulum Harthill

14:38 PM, 11th March 2023, About A year ago

You can serve a section 8 notice alongside the 21 notice. You are able to impose a shorter timescale for the section 8, and then follow the accelerated possession route. Might be a better option for you if you want the process to move quicker.

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