S8 and S21 issued - court hearing not until new year!

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    Originally posted by Popwood View Post
    ...............Meantime tenant not doing anything because they don't legally have to do anything at this time.
    They have to pay the rent, look after the place etc etc etc...

    Keep sending them rent statements every month (calm, polite wording...) & fresh s8s every time they miss/underpay/pay late a payment.

    Sorry pal, tough one!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


      Just updated the solicitor on rent arrears (i.e. none paid, not even partially) and asked solicitor if tenant had filed any response or defence to S8 and S21

      Solicitor confirms no response and no defence however tenant is still living in property. Court backlog means that we speculate tenant will by January be 8, coming up to 9 months in arrears.

      Being polite and sending polite reminders (and I do mean polite and carefully worded, respectful reminders).

      The notices have been served by the solicitors and ignored. Can I assume that ignoring legal notice does NOT go in tenant's favour when the court finally get round to hearing the case? Otherwise this could drag on beyond a year and I'd like to see what kind of tenant in arrears can afford to pay back a years' worth of rent.....

      We are 1 week away from having tenant in 6 months's arrears and tenant is like an ostrich, head in sand. No other landlord should unwittingly inherit this individual. AND tenant was referenced and came up satisfactory!

      Is there anything else we can possibly do to get this person to acknowledge there is a real issue here - for everybody concerned?

      We have said we will be giving 24 hours' written notice of inspection (this will coincide with a handyman visit).

      Unfortunately the aggravation of having someone in the property in sheer denial for coming up for a good 8 months of rent arrears is starting to tell on me and I feel I am not being proactive enough, given the length of time the court is taking and also the level of denial the tenant is demonstrating.

      Any other suggestions?


        Do not put yourself in the position where you could look like you are harassing the tenant.
        Let the legal process take the time it takes.

        The tenant isn't going to move until evicted and they're going to owe a small fortune and won't be able to pay it.
        You'll end up with a ccj registered which will be an incentive to pay if they ever have any money (which happens).

        If you want to escalate things, use s8 - presumably, the solicitor has advised against.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


          jpkeates, thanks, yes we are avoiding any position which could look like harassing. I'm even shy of an inspection at this point but I do not want to be put off going about normal landlord business which does involve visiting the property with usually a few days' more than 24 hours written notice. I haven't decided yet - too shy of making a step that even slightly puts this matter further into 2019.

          All landlords are potentially faced with this so I'll take the stress that comes with my choice to rent a property.

          This tenant is the the one who's going to make me hang up the landlord hat. That's it. My appetite for court backlogs and tenants getting into thousands' worth of rent has burnt the fuse down to the last.

          Particularly annoyance: we paid for what we thought were decent references, not going to name the provider for forum rule reasons. Tenant has not paid a penny since the first months' rent despite a good score.

          What we need now is for the solicitor to be spot-on so we can get this situation concluded.


            You might want to start small claims MCoL and get earlier CCJ. And verbally explain (not writing or email) that council housing department sent copies of s8s and implications of "intentionally homeless" and not reference or full honest one (even if that means the stay longer )
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


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