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

David Houghton

Member Since October 2022 - Comments: 402

10:05 AM, 18th July 2023, About 3 years ago

Marie Lee is right. The 51% burden of notice is on her. There may be no s11 disrepair. The legal aid my cease. So keep you chin up. Lots of people will help ask as many questions as you need

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Trapes

Member Since July 2023 - Comments: 44

2:53 PM, 18th July 2023, About 3 years ago

Reply to the comment left by David Houghton at 18/07/2023 – 10:05
I am so grateful to you all on here.
I have had some brilliant advice and I’m sorry to read that I am not the only one with a nightmare tenant.
I don’t feel confident that I will gain possession of my house – it seems that the council don’t have enough stock to rehouse these kind of people.
My solicitor has said all I can do at this stage is to sit and wait.
I will be back to update …

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Trapes

Member Since July 2023 - Comments: 44

3:02 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Andrew Marsh at 17/07/2023 – 19:40
Thank you for the advice – I can guarantee that there is nothing on the surveyors report that I have been made aware of.

Apart from the main door, which had a broken? Lock, but denied access asking for the contractor to come back in a week.
It’s obvious now that she knew a surveyor was attending and didn’t want the repair to be completed prior.
Sabotage!!!

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David Houghton

Member Since October 2022 - Comments: 402

3:20 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Trapes at 18/07/2023 – 15:02
That’s often the case. Submit your texts/call logs as part of the evidence chain. Don’t forget just because it’s on the survey report doesn’t mean it’s s11. S 11 is heating hot water structure guttering exterior and drainage if I recall correctly.

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Marie Lee

Member Since July 2023 - Comments: 67

3:56 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Trapes at 18/07/2023 – 14:53
It seems to me that you have got a lot of great advice from here and now you are much better armed and, hopefully much more confident. Don’t forget, the judge is not there to trip you up or be mean. He/she will consider all the evidence and you have plenty now especially the repairs and don’t forget to tell the judge how the door repair man that YOU arranged was sent away etc, and your opinion as to why that might be, who wants to live in a place which is not secure??

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Trapes

Member Since July 2023 - Comments: 44

4:02 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Marie Lee at 18/07/2023 – 15:56
Very good point Marie!
Sometimes I think you’re too close to see things that are right in front of your eyes.
It has been amazing to see how people actually care enough to leave a reply.
I’m totally gobsmacked at the support I’ve had on here.
THANK YOU ?

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Trapes

Member Since July 2023 - Comments: 44

4:04 PM, 18th July 2023, About 3 years ago

Reply to the comment left by David Houghton at 18/07/2023 – 15:20
Oh wouldn’t that just be brilliant!

I hope you’re right- she’s asking for £15 k in damages ?

Hopefully justice will prevail …

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Happy housing

Member Since May 2023 - Comments: 206

4:13 PM, 18th July 2023, About 3 years ago

For what?

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Happy housing

Member Since May 2023 - Comments: 206

4:18 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Trapes at 18/07/2023 – 16:04
1 thing I don’t get, if tenants on hb and not paying why are you renewing the contract. Council usually ask for renewal signed by landlord

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David Houghton

Member Since October 2022 - Comments: 402

4:23 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Trapes at 18/07/2023 – 16:04
Ye , last time someone asked for 15k they got 700 and possession order. She owed me 5k so got nothing. On the strength of the 15k she borrowed money from all her mates. Who soon became ex mates . So don’t be intimidated

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