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

Happy housing

Member Since May 2023 - Comments: 206

8:04 PM, 22nd July 2023, About 3 years ago

Yes but all you do is keep increasing the rent with market rate. You need to cover your costs. And then after 1st claim send in a surveyor if they reject get the email.

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Amanda Osborne

Member Since February 2023 - Comments: 13

8:21 PM, 22nd July 2023, About 3 years ago

I’m not sure I follow you? What claim do you mean? and surveyor?
Increasing rent if a tenant isn’t paying isn’t any use

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Happy housing

Member Since May 2023 - Comments: 206

8:27 PM, 22nd July 2023, About 3 years ago

After the 1st disrepair claim they made. You send in the surveyor. Did the judge side for the T because you were missing a tenancy agreement or the issue was health issues?

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Amanda Osborne

Member Since February 2023 - Comments: 13

8:33 PM, 22nd July 2023, About 3 years ago

Ah I understand! The tenant called in the local council Private Housing officer who carried out an inspection. I was able to prove it was the tenant who had caused all the damage and had failed to notify me re bath leak.
The Judge did not pay any attention to the Council’s report as it was not relevant to the level of arrears under S8 notice. It was the tenant trying to claim disrepair for compensation – which failed.
Incidentally the tenant’s defence was that she made an agreement with me that she did not have to make up any shortfall between rent and HB. Needless to say she had not evidence and that is how she failed. BUT, the disrepair claim and bogus agreement all delayed the legal action which is what these people and their legal aid solicitors try to do

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Happy housing

Member Since May 2023 - Comments: 206

8:39 PM, 22nd July 2023, About 3 years ago

So I know disrepair can ate quite frequent and they use it something comes with the being a LL. But the ts payments were reduced right as early stages when t was getting money you renewed the tenancy? Just my t council ask every year for a tenancy renewal otherwise they don’t get the money and they need that money otherwise they have to go through the whole process again

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Castle

Member Since March 2023 - Comments: 22

8:30 PM, 23rd July 2023, About 3 years ago

Reply to the comment left by Happy housing at 22/07/2023 – 20:39
Not all LAs ask for tenancy yearly, and DWP / UC does not either.

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Happy housing

Member Since May 2023 - Comments: 206

8:46 PM, 23rd July 2023, About 3 years ago

Reply to the comment left by Castle at 23/07/2023 – 20:30
So I’m guessing quite a few do and quite a few don’t. My point being is the tenant is more likely to vacate the property once they know the LL is not going to renew the lease as the funds will stop?

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Shinh

Member Since July 2023 - Comments: 95

5:09 PM, 30th July 2023, About 3 years ago

Speak to Paul Ellis of landlord Eviction he will advise you, issue all the statutory notices
but don’t use Ashley Taylors Legal team ask him to suggest someone else. Let him know I suggested you

Tel: 0203 3932290

[email protected]

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Chris @ Possession Friend

Member Since May 2016 - Comments: 1570 - Articles: 16

5:13 PM, 30th July 2023, About 3 years ago

Tracy, – you can contact us for free initial advice ?
Chris

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Trapes

Member Since July 2023 - Comments: 44

5:35 PM, 30th July 2023, About 3 years ago

Reply to the comment left by Chris @ Possession Friend at 30/07/2023 – 17:13
Hi Chris and thank you

I have legal representation thanks to a loan .
I’m in court tomorrow morning, for a management hearing.
I’m guessing this is to discuss costs.
At the very last minute the tenant has submitted a claim for a television £3000
It just keeps on getting worse!!

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