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

4:26 PM, 18th July 2023, About 3 years ago

Same situation tenant owes me over 5k ignoring me. Just try to go through solicitors now but takes so long. One question I ask how to banks get a repossession order so quickly when it’s them? Same judges

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David Houghton

Member Since October 2022 - Comments: 402

4:30 PM, 18th July 2023, About 3 years ago

Different legislation, they have an overriding interest. The op may be wise to talk to the bank though, explain the plan a d they may ease off demands for money

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Trapes

Member Since July 2023 - Comments: 44

6:38 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 18/07/2023 – 16:26
I suggested to my solicitor that I could not cope any longer and was going to ask the lender to repossess the property.
She advised me against this as it would give me CCJ and affect my credit.
But what she did say was that I could ask the lender to buy the property from me and any remaining equity would be passed on to me?

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Trapes

Member Since July 2023 - Comments: 44

6:41 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 18/07/2023 – 16:18
My agreement is a rolling contract and HB have never asked for an updated TA.
As for the 15k … this is for her stress and mental health??

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Trapes

Member Since July 2023 - Comments: 44

6:46 PM, 18th July 2023, About 3 years ago

Reply to the comment left by David Houghton at 18/07/2023 – 16:23
???
Good – I’m glad

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Happy housing

Member Since May 2023 - Comments: 206

7:28 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Trapes at 18/07/2023 – 18:41
Rolling? Do you claim directly from the council then? Every renewal date they ask for a new signed tenancy agreement if its a hb tenant

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Trapes

Member Since July 2023 - Comments: 44

7:46 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 18/07/2023 – 19:28
Yes she’s claiming UC
They pay her and she is ‘ supposed’ to pay me.
I asked UC ( once the 2 months arrears had reached) for direct payments but the tenant would not agree to it

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Happy housing

Member Since May 2023 - Comments: 206

8:02 PM, 18th July 2023, About 3 years ago

It doesn’t matter if they don’t agree, council usually passes that and gives to LL.

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Happy housing

Member Since May 2023 - Comments: 206

8:07 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 18/07/2023 – 20:02
The DWP will not ask you for permission if your landlord wants direct rent payments or deductions for rent arrears. Tenant can give them evidence if they disagree that you owe 2 months’ rent. Have you kept statement of accounts?

9 Report Comment Reply
Trapes

Member Since July 2023 - Comments: 44

8:16 PM, 18th July 2023, About 3 years ago

Reply to the comment left by Happy housing at 18/07/2023 – 20:07
I’m sorry to contradict you but that is exactly what happened with UC .
They are deducting £36 per month from her benefits and paying that directly to me but nothing else.
I guess I’m not allowed to put the email on here but I would happily send it to you
She won’t miss the 36 quid though as she’s just been awarded PIP

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