Section 21 after a rent increase filling in posession order form

[Deleted User]

Now case is with the court.

The tenant filed a defence but part of her response had me laughing out loud.

She stated she does not have a tenancy, she meant the tenancy ended November 2022 and currently rolling. 

She has requested to have until end of April 2023 hopefully get property back soon.

[Deleted User]

Some of tenant's response

CKhalvashi

You've probably posted already but just for clarity, can I just confirm the family makeup l, property size and where (roughly, just a county will be ok) this is?

I'm assuming 2 children and London but just want to be perfectly clear exactly what type of property we are talking about here.

Not saying this is expensive or not but I'd missed the £1750 and UC part, so want to see whether there would be adequate properties in a similar area for a cheaper price. This would possibly throw the hardship claim out the window for T.

Shelldean

Zoe02 said:

Some of tenant's response

So in her income and expenditure part but she's said her rent is new higher amount? Yet is only paying the lower older amount?

[Deleted User]

CKhalvashi said:

You've probably posted already but just for clarity, can I just confirm the family makeup l, property size and where (roughly, just a county will be ok) this is?

I'm assuming 2 children and London but just want to be perfectly clear exactly what type of property we are talking about here.

Not saying this is expensive or not but I'd missed the £1750 and UC part, so want to see whether there would be adequate properties in a similar area for a cheaper price. This would possibly throw the hardship claim out the window for T.

Sure, Mother with 3 grown up children all now over 18. (next time will insist on having at least 1 of them on tenancy)

Property is a 3/4 bedrooms. 3 bedroom with 2 reception. Due to been let via council AST but inroduced by council with £4k incentive. 4 bedroom LHA rate was what tenancy was set and when fixed term ended increased to £1750. Still paying old rate but always late with rent and doesn't get much UC as she works and all children now over 18. 

Property in SE London

Tenant not in hardship per Se but needs to face reality. She has 3 grown up children they will be contributing as sometimes rent payment has her son's name so if the rent is not affordable they will need to downgrade or relocate to a cheaper location.

[Deleted User]

Shelldean said:

Zoe02 said:

Some of tenant's response

So in her income and expenditure part but she's said her rent is new higher amount? Yet is only paying the lower older amount?

Yes exactly old rent was LHA rate £1595.62
New rate from December 2022 £1750.
She has still been paying old rate.
She has 3 grown up children which she hasn't included their income to the income and expenditure she stated.
If she is struggling to pay rent and bills perhaps downsizing or moving to a less expensive area.

This is a 3 bedroom terrace in Abbey Wood SE2.
Rents now up to £2000+ in the area for similar properties.

Been a mess from the start of the tenancy, wasn't working much then her first UC payment was £1200 then started doing more hours and now gets like £300pm. 

She wouldn't pass my criteria as a new tenant going forward  and will not be using council introduction tenants again.

I will be getting the property back soon just waiting for judge's decision. 

CKhalvashi

That rent (without checking) sounds like it's in line with market rates.

If she goes not that far out she will be able to get rent cheaper than that.

Before we moved to a dedicated unit about 10 years ago I've worked before not too far from there and definitely there was a lot in the middle that should hopefully come in cheaper than the original £1750.

A quick look on a well known property websites gives a few properties in Sidcup, Woolwich and Elmstead, I've only gone to £1600 in that search.

On that income, it's possible she won't get anything dedicated to housing from UC although it does look like she's struggling from those numbers. I appreciate you likely don't have the details of her children to hand.

It may be worth putting those numbers into the Turn2Us benefit calculator for her family circumstances and seeing what numbers it puts out, for your own piece of mind if nothing else.

macman

She can't pay the rent in full, but she pays £660pa for subscription TV? 
Why would anyone attempting to contest a possession order claim as a defence that they don't actually have a tenancy?

[Deleted User]

CKhalvashi said:

That rent (without checking) sounds like it's in line with market rates.

If she goes not that far out she will be able to get rent cheaper than that.

Before we moved to a dedicated unit about 10 years ago I've worked before not too far from there and definitely there was a lot in the middle that should hopefully come in cheaper than the original £1750.

A quick look on a well known property websites gives a few properties in Sidcup, Woolwich and Elmstead, I've only gone to £1600 in that search.

On that income, it's possible she won't get anything dedicated to housing from UC although it does look like she's struggling from those numbers. I appreciate you likely don't have the details of her children to hand.

It may be worth putting those numbers into the Turn2Us benefit calculator for her family circumstances and seeing what numbers it puts out, for your own piece of mind if nothing else.

The adult children contribute but don't have full details.

I am getting old rent rate which is better than not getting anything as some stop paying rent when they get s21.

I will get the property back soon.

She is a grown woman in her 50s it's not rocket science, she will have to cut down costs by getting a smaller property or moving to another area.

Some months her son send the rent payment so the income and expense she has drown up isn't accurate as she has only included her own income.

UC payment depends on her working hours and pay each month. She asked not to include even one of her son's in the tenancy. Tenancy Wasn't going to be  renewed anyway but she mentioned if her son is included will affect her UC  benefit. I wasn't going to renew tenancy but left it rolling as I knew she won't be staying for much longer. 

[Deleted User]

macman said:

She can't pay the rent in full, but she pays £660pa for subscription TV? 
Why would anyone attempting to contest a possession order claim as a defence that they don't actually have a tenancy?

LOL my exact thought if you are struggling financially, the logical thing will be to cut down costs. Even I don't have  a sky package I have basic TV, Netflix and YouTube to watch. 

She is clueless 

Just rushed to provide a defence as it came in after the deadline.

Been a mess since the beginning of the tenancy.

My 1st post about the situation, glad I am  in the process to get her out. 

https://forums.moneysavingexpert.com/discussion/6331658/section-21-claim-form-for-possession/p1