Section 21 after a rent increase filling in posession order form

theartfullodger

As tenant is in arrears s8 is possible. An s8g10 is valid if only 1p is underpaid for only 1 day.  I'd serve s8g10&11 today.

[Deleted User]

theartfullodger said:

As tenant is in arrears s8 is possible. An s8g10 is valid if only 1p is underpaid for only 1 day.  I'd serve s8g10&11 today.

Ok makes sense as she is in arrears of about £600 but discretion and extra court fees.

My.comcern is spending on a bad debt.

Will be so happy when she is.gone. 

The rent statement attached, the system is flawed because such tenant will likely already have a CCJ.

theartfullodger

Suggest you should ensure overstretched council waste as little effort and certainly no rehousing with scarce social housing is wasted on these contract breakers.

Ensure housing dept is aware of arrears.  Calm & polite.

[Deleted User]

theartfullodger said:

As tenant is in arrears s8 is possible. An s8g10 is valid if only 1p is underpaid for only 1 day.  I'd serve s8g10&11 today.

I wasn't going to do a section 8 but now completed the form and attached the rent statement.

Using grounds 10 and 11.

So now it's section 8 and 21

Will be going to the post office now to get proof of postage. 

[Deleted User]

theartfullodger said:

Suggest you should ensure overstretched council waste as little effort and certainly no rehousing with scarce social housing is wasted on these contract breakers.

Ensure housing dept is aware of arrears.  Calm & polite.

The council is enabling such behaviour.

Lewisham council introduced the tenant to me with £4k incentive for 1 year AST.

They are now offering £10k one off incentive for 2 years AST (was previously £4k for 2 years but declined 2 years).

I did inform them at the beginning of tenant's arrears but ignored me and said tenancy now between myself and the tenant. 

The council claimed they did affordability assessment on the tenant but within 3 months of tenancy starting tenant stated she cannot afford the rent.

Going forward, will be going for only those that pass my affordability criteria and pass referencing checks. 

anselld

Not done too bad then, £4k incentive vs £600 arrears.

[Deleted User]

anselld said:

Not done too bad then, £4k incentive vs £600 arrears.

I only accepted this tenant because of the incentive.

But the council know what they are doing, not your usual straightforward tenant.

No deposit paid etc.so if there are damages by the tenant, I will have to fund but some councils offer bond payments. Also, this particular tenant, I have had to send rent reminders each month.  Councils literally dump their problem tenants hence they wanted me to sign 2 years and now they are offering £10,000 for 2 years AST for new tenancies. 

I have selected 2 tenants on Openrent they have both been good as I do affordability and referencing checks. No stress

This particular tenant has told me she won't find somewhere else so council will have to find her another victim.

macman

I am not sure that her son's income is relevant as far as the court is concerned.. He is an adult and is not a signatory to the tenancy. There is no obligation (other than a moral one) for him to contribute to the tenancy if she is unable to afford the rent, as he has no security of tenure-he is simply a guest. Or possibly a lodger if he is paying mum some rent.
Her 'defence' is risible, but if it was filed after the deadline then it should not be admitted in evidence?

[Deleted User]

macman said:

I am not sure that her son's income is relevant as far as the court is concerned.. He is an adult and is not a signatory to the tenancy. There is no obligation (other than a moral one) for him to contribute to the tenancy if she is unable to afford the rent, as he has no security of tenure-he is simply a guest. Or possibly a lodger if he is paying mum some rent.
Her 'defence' is risible, but if it was filed after the deadline then it should not be admitted in evidence?

Fair enough the 3 sons are not on the tenancy.

As a family it's their finance to sort out.

What I am saying is her listing the household expenses of the 3 bedroom house and only including her income does not make sense as she does not live in the house herself but not too bothered as it's a s21 will eventually get my property back and don't really care about their arrangements.

Her defence is ridiculous but for the judge to finalise the case so all parties can move on.

She had 14 days from the 20th of March but the defence has a stamp date of 04/04 (could be it got to the court within the 14 days but processing etc)

My response back to court for possession got delivered on the 05/04.

[Deleted User]

I sent section 8 on Saturday.

She has responded.

Will explain to her that the section 8 is regarding rent arrears of £591.58

Regarding calling the court can give her the claim number but case currently with the judge.

The council will tell her to stay until Baliffs come.