Section 21 after a rent increase filling in posession order form

Emily_Joy

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.

Is it really the case that the tenant can (legally) cease rent payments once the S21 is served?

[Deleted User]

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.
You didn't list the EICR in your documentation? It is assumed that you have protected the deposit?

The EICR wasn't required in the list of requirements. I do have the electrical certificate.


There was no deposit collected. She was introduced by the council.

[Deleted User]

_Penny_Dreadful said:

Is this the property where you're not actually the landlord of the person(s) occupying the property as you have a contract with Mears who has a contract with the council who has a contract with the woman living in the property?

This is another one. For that they said I will get an update on the 21st March.

This tenant was introduced by Lewisham Council. It was a 1 year AST.

We are in good terms. She has been paying 90% rent, hopefully continues. They can stop rent with s8 or s21. If necessary will do a s8 also.

propertyrental

Emily_Joy said:

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.

Is it really the case that the tenant can (legally) cease rent payments once the S21 is served?

The tenant would be in breach of contract.

macman

Emily_Joy said:

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.

Is it really the case that the tenant can (legally) cease rent payments once the S21 is served?

What gives you that idea? Rent is due for the duration of the tenancy.

Emily_Joy

macman said:

Emily_Joy said:

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.

Is it really the case that the tenant can (legally) cease rent payments once the S21 is served?

What gives you that idea? Rent is due for the duration of the tenancy.

Your post above together with a recent outrageous experience of @jillconey made me think it is some sort of a new norm. 

[Deleted User]

I have posted the possession order documents to the court yesterday.

Tenant has updated me on Monday evening that she has an appointment with the council coming up on Friday.

She had 3 months notice to sort alternative accommodation so will see how things work out.

macman

Emily_Joy said:

macman said:

Emily_Joy said:

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.

Is it really the case that the tenant can (legally) cease rent payments once the S21 is served?

What gives you that idea? Rent is due for the duration of the tenancy.

Your post above together with a recent outrageous experience of @jillconey made me think it is some sort of a new norm. 

I didn't say she could contractually stop paying rent. I merely said that, once she knows that a possession order is going to be sought, then she may decide to make no further payments. 

[Deleted User]

macman said:

Emily_Joy said:

macman said:

Emily_Joy said:

macman said:

As you say, S8 is not an option, so you will have to wait for a hearing on an S21. Bear in mind that it could be several months, and she may cease all rent payments once the S21 is served.

Is it really the case that the tenant can (legally) cease rent payments once the S21 is served?

What gives you that idea? Rent is due for the duration of the tenancy.

Your post above together with a recent outrageous experience of @jillconey made me think it is some sort of a new norm. 

I didn't say she could contractually stop paying rent. I merely said that, once she knows that a possession order is going to be sought, then she may decide to make no further payments. 

Fair point, I do not know her intentions but so far after receiving the s21 in January she has been making 90% payments.

I did inform her of my intentions.

She is concerned she will not find another place; she will not pass affordability or referencing checks but the council will find another victim with their incentive payment.

[Deleted User]

Keeping my fingers crossed sent the return slip back yesterday.

Tenant was given 2 weeks to make a defence which she didnt as far as I am aware.

Still making 90% rent payments after reminder. Hopefully get property back soon.