Tenant has stopped paying rent!

by Readers Question

9:34 AM, 17th July 2023, 3 years ago 168

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Advice Landlord News Landlord News Landlords Questions Tenant Eviction

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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Tags: counterclaim of disrepair issued by surveyor, how to evict a tenant using section 8, not entitled to legal aid, Rent increase, tenant stopped paying rent

Comments

Marie Lee

Member Since July 2023 - Comments: 67

8:39 AM, 19th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 19/07/2023 – 07:43
I am talking about ‘lenders’, not banks. Maybe your ‘bank’ is like that, though? Don’t be so negative, it does not help people/LLs in financial trouble through not fault of their own. Actually, I believe lenders have a duty of care to their borrowers and that includes helping them to avoid repossessing their property.

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Happy housing

Member Since May 2023 - Comments: 206

9:17 AM, 19th July 2023, About 3 years ago

Reply to the comment left by Marie Lee at 19/07/2023 – 08:39
Yes I have sane issue and it was a bank. Called them saying my tenants not paying I need a holiday break they said no we can only offer if you have made over payments and you need to contact a solicitor.

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Marie Lee

Member Since July 2023 - Comments: 67

9:25 AM, 19th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 19/07/2023 – 09:17
OK. Why does everyone believe that the only option is a solicitor, especially when they are already in financial trouble? The CAB has a money advice section, I know this because I used to be an advisor for them. Some cities have law centres and/or various centres that you can go to for advice. These will tell you how to proceed, such as how to write to your creditors, make offers and so on.

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Castle

Member Since March 2023 - Comments: 22

9:28 AM, 19th July 2023, About 3 years ago

I’m sure our friends at shelter could help as well

1 Report Comment Reply
Happy housing

Member Since May 2023 - Comments: 206

9:33 AM, 19th July 2023, About 3 years ago

Reply to the comment left by Castle at 19/07/2023 – 09:28
I even called the council put me through to 3 different people last person said you need to get a solicitor.

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Trapes

Member Since July 2023 - Comments: 44

9:52 AM, 19th July 2023, About 3 years ago

Thanks for your email.
Originally we did set up the payment to yourselves.
However, a Universal Credit Decision Maker determined that if we were to pay you the rent for this claimant it would not be beneficial to the claimant’s wellbeing.
We are unable to reverse that decision and we can not provide much more detail due to data protection rules.

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Trapes

Member Since July 2023 - Comments: 44

10:00 AM, 19th July 2023, About 3 years ago

Reply to the comment left by Marie Lee at 19/07/2023 – 07:16
Thank you Marie – I am calling them this morning.
I’ve posted the reply from UC I received for the benefit of the poster “ happy housing”

I’ts really uplifting and supportive to read your positive comments.
Thank you – I’ve been in such a dark hole – means a lot x

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Happy housing

Member Since May 2023 - Comments: 206

10:01 AM, 19th July 2023, About 3 years ago

Reply to the comment left by Trapes at 19/07/2023 – 09:52
Gosh

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Elisabeth Beckett

Member Since March 2016 - Comments: 19

7:16 AM, 22nd July 2023, About 3 years ago

Apply to have the rent paid direct to you. If she’s more than two months in arrears they will pay direct to landlord.

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Happy housing

Member Since May 2023 - Comments: 206

7:21 AM, 22nd July 2023, About 3 years ago

Hes already done that, I’m in the same situation. So the tenant has to agree first even if they don’t council can over ride the issue is if the tenant is signed off for sickness they can overturn and keep paying to the tenants. I know this is the big problem they think let the LL keep paying the mortgage on it.

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