Should we still go to court on section 8?

nmbash

I did update a previous post, but my update might of got missed so I have started a new once since it is a different query.

We had given our tenant 2 months notice, but he did not move out and he stopped paying the rent. We filed on a s8 and the court case is next month.
The tenant finally left a few days ago and we did have an official check-out.

Originally, we did not file on a s21, because the estate agent were not confident that they did it correctly ie the tenant could have said they did not receive it.

Anway, now that the tenant as left do we still go to court regarding the s8? S8 is regarding getting possession, so I guess I should not go. Or should I still go regarding the rent arrears which are now for 5 months?

I have also filed a small claims court for rent owed until that time, but I am still waiting a date on that.

The deposit is held in a deposit scheme.

Thanks

pyueck

In my opinion I would concentrate on finding a new tenant and forget all court action.

Firstly as there was condensation in the property (whether your fault or not) and you did not fix it, you are breaking your repairing obligations of the 1988 Landlords and Tenant Act, which states you are responsible for the upkeep of the structure of the property unless the tenant used the property in an un-tenant like manner. While the condensation may have been caused by the tenant showering, cooking, drying clothes etc, these are all tenant like activities that would not clear you of your duties. Landlords must realise that it is not simply enough to say that as a tenant lives in the property and the damage was not caused by an external factor the damage must be the responsibility of the tenant. The test is not whether the damage was caused by the tenant, but whether it was caused by the tenant acting in a non-tenant like way. When renting out a property you should think, if my property is used in a normal fashion, will there be excessive condensation? If the answer is yes, either be prepared to fix the problem when it occurs or find a solution now. The solution can not be telling the tenant to keep all windows open!!!!

Your problem is that the tenant may well counter sue you for not keeping the property in the condition that you have a statutory obligation to. They could also sue you for any health impacts of the condensation, any time off work dealing with the effects and the cost of finding a new place to live.

With regard to the section 8 court case, just what are you trying to achieve by bringing this case. 'Hello Judge I am wanting to evict a tenant for not paying the rent, oh and he's already left????'. Save yourself the time and money and cancel it quick!

For this reason if you try and sue the tenant, the

clutton_2

since you have paid for the court applicatoin for S8 - i would definitely go to court - the tenant will not turn up - and you will get a judgement by defualt, provided you have presented good evidence and then you wont need to do a small claims action.... as rent arrears is what S8 is all about... you have been poorly advised...

as soon as you get a popsitive judgement on S8 and if tenant does not pay up in the time specified by the court, he will then have a CCJ against him... small revenge - but it will annoy him....

clutton_2

having just found the OP original post.. i am now thoroughly confuse and dont know if my advice above is good or not......

normally you apply for a S8 to get possession based on rent arrears - but you now have possession - so dont need a court order for that.... - but you will need a court order itemising how much arrears you are owed in order to get any sort of bailiffs warrant to seize goods or anything of that sort.. so i would go to court and ask the judge for an order for rent arrears and see what s/he says.....

let us know how you get on

nmbash

Hi, here is an update

We went to court. We were granted the arrears+costs.

I'm not expecting him to pay, so he will then get a CCJ.