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

Trapes

Member Since July 2023 - Comments: 44

2:18 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Paul Smith at 17/07/2023 – 12:57
Hi
No she did not acknowledge the section 8 within the 14 days, nor did she submit any counterclaims within this time.
I was only informed about the counter claim on the day of the court hearing.
Literally 5 minutes before going in to see the judge, her solicitor showed me the claim on his mobile phone.
As I didn’t have any representation, thinking I would be awarded my house back , I did not understand what he was on about.
More fool me

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Trapes

Member Since July 2023 - Comments: 44

2:20 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Marie Lee at 17/07/2023 – 10:13
Thank you so much Marie.
I can not tell you how thankful I am that complete strangers are doing their best to offer support and advice.
?

10 Report Comment Reply
Trapes

Member Since July 2023 - Comments: 44

2:23 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Neil Robb at 17/07/2023 – 13:49
Hi Rob
I did apply to UC and they agreed to pay me directly… then the tenant stated that this would affect her mental health so they withdrew the offer but do pay £36 per month towards the outstanding arrears

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Marie Lee

Member Since July 2023 - Comments: 67

2:26 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Trapes at 17/07/2023 – 14:08
In reality you should have carried out regular inspections, did T stop you from doing these? Very important if she did. BUT please look at the tenancy agreement, study it carefully and make a case for arguing your side. There are parts on, ‘T’s responsibilities’. T should have been reporting probs to you immediately, that is one of her responsibilities, obviously she didn’t!! You have to be nit-picking about everything, how ever small the issue might be. you have to defend yourself against T AND more so her solicitor. Does anyone know if a surveyor should have carried out a survey WITHOUT the LL being informed??

14 Report Comment Reply
Seething Landlord

Member Since January 2020 - Comments: 1103 - Articles: 1

2:30 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Marie Lee at 17/07/2023 – 14:13
What exactly have I said that you do not agree with?

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Marie Lee

Member Since July 2023 - Comments: 67

2:34 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Trapes at 17/07/2023 – 14:20
Look, there are so many of us having troubles like yours or similar. Most LL are good, honest people who treat their T well. It is absolutely monstrous that yours is treating you so badly.

We are happy to help and advise you. xx

1 Report Comment Reply
Paul Smith

Member Since July 2023 - Comments: 71

2:34 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Trapes at 17/07/2023 – 14:18
I defended myself and tenant didn’t raise counter until in court so the judge deferred for a month. Then at the next hearing she had solicitor but no grounds for counter claim. She had started catching up payment and whilst I still asked for possession, judge allowed her to pay and has deferred the case until other issues occur.

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Trapes

Member Since July 2023 - Comments: 44

2:36 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Marie Lee at 17/07/2023 – 14:26
Hi again
This is the biggest problem – the Tenancy agreement has been lost – I’ve looked believe me… I was in my garage in pyjamas at 11pm, no luck

The T has denied access to contractors, but surprisingly is now being compliant

She has accused me of bullying, intimidation and harassment and had the police contact me warning me to stay away.

By the way – I have only asked her if she would be paying her rent?

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Marie Lee

Member Since July 2023 - Comments: 67

2:37 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Seething Landlord at 17/07/2023 – 14:30
Sorry, can’t remember now there are so many messages on here its difficult to keep up x

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Marie Lee

Member Since July 2023 - Comments: 67

2:39 PM, 17th July 2023, About 3 years ago

Reply to the comment left by Trapes at 17/07/2023 – 14:36
OMG.

38 Report Comment Reply

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