Section 8 eviction worried about tenant disrepair counter claim

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 8 eviction worried about tenant disrepair counter claim

    I have a court date for a section 8 eviction in approximately 1 month. The tenant is in over 3 months arrears. I did on proceed with section 21 on legal advice as I was worried the initial managing agents were abit vague on having given the tenant the prescribed information - the initial management company's documentation/responses are abit grey. The eviction process started after increasing found the tenant hard to manage (getting workmen in for building work but tenant not there and basically lying to me about this) and refusing to sign up to a management company. I told the tenant I am evicting her for certain about 6 months ago when she texted me saying she couldn't afford the rent as she is now working part time (the new managing agent warned me about this). She has subsequently sent several messages from a different mobile number which she strongly denies using. I have screenshots of messages from that mobile but unfortunately not the ones where she says she can't afford the rent anymore. There have been delays in some building work as the tenant has been poorly cooperative to letting workmen in, non-cooperative with the new management company and there has been too and fro with initially property maintenance company and freeholder about whether the issue is external or internal to the property. The freeholder told me not to do any repairs if it was external to the property as per the property maintenance company. Due to the slowness of the freeholder and poor cooperativeness of the tenant the issue took some time to fix. Returning to more recent events the same day the section 8 expired the tenant advised me the building issue had re-appeared and said she sent me an email 3 weeks prior about this - I had not and advised her to forward it to me which she has not. As previously I am sure she is lying. I am still with the property management company who are dealing with the repair issue - they have advised she is hard to get hold off. She has told me I am lying about arranging repairs but then retracted this.

    She has subsequently sent me abusive texts with some bizarre and strange allegations. I have not risen to her level to respond, especially after getting legal advice.

    She says she will defend herself in court. From what I've read about this I'm in big trouble with massive legal fees in this scenario which will unlikely be paid even if I win.

    I guess she has to pay the rent otherwise she's intentionally homeless (and can't be council housed as I believe that's what she wants to do) and so the only way to prolong things is to claim disrepair.

    What should I do other than tear my hair out ? Any practical/objective advice would be appreciated ?

    #2
    *I did not proceed with a section 21 !

    Comment


      #3
      Ask your agent for proof of documentation and then issue s21?

      Comment


        #4
        Thanks for the response. The initial tenancy agreement says the tenant was issued a gas certificate, tenancy deposit certificate and EPC. The management company who provided this advised it was outsourced to another external organisation who they can't get hold off to provide confirmation of this. Sorry should say section 21 has been issued too but was advised to proceed to section 8 as sooner to court and concern over slightly vague wording of initial prescribed documents being given to tenant. Just was wondering why you said section 21 rather than 8 ?

        Comment


          #5
          Because s21 cannot be defended by disrepair, only by procedure. I suggest you make an effort to contact the firm who did the work. The whole point of doing it is that at some point they will be asked to provide proof. Therefore there must be a procedure for getting proof, mustn't there?

          BTW, how about 'how to rent' booklet?

          Comment


            #6
            With regards to the How to rent booklet apparently I was sent this and meant to forward this to the tenant - which unfortunately I don't think I did

            Comment


              #7
              Oh, I think you did, but just to be sure, send T a copy of the latest version now, the day before the s21 notice.

              Comment


                #8
                I've done that already - all the solictors I have spoken with seem very worried judges throw cases for section 21 out if all prescribed information aren't definitely shown to be recieved by tenant i.e. signed document confirming they have recieved them - actually the tenancy agreement says that for all the prescribed documents bar how to rent handbook, but the solicitor was worried that wasn't confirmation enough.

                Comment


                  #9
                  Ah, let me guess... is this the same solicitor who wants to represent you for the section 8?

                  Just do s21 possession application yourself. There is plenty of information for doing this yourself here on landlordzone.

                  Comment


                    #10
                    Yep that's right. I have spoken with solicitors (admittedly the the big names that advertise for eviction specifically) and they do not advise going via section 21. I guess you think they're being dodgy/profiteering which wouldn't surprise me

                    Comment


                      #11
                      Originally posted by Newbielandlord2015 View Post
                      Yep that's right. I have spoken with solicitors (admittedly the the big names that advertise for eviction specifically) and they do not advise going via section 21. I guess you think they're being dodgy/profiteering which wouldn't surprise me
                      Regarding the firm featured on channel 5, I have often posted here that I am surprised they did not recommend their client to go for a s21. I guess it's a common problem.

                      Comment


                        #12
                        FTA, just re-read the first line of your first post. I guess you are committed to s8 now. I wonder if it's possible to withdraw?

                        Maybe see what others think tomorrow. I think everyone's too stuffed with turkey to reply.

                        Comment


                          #13
                          Any advice on the section 8 then ?

                          Comment


                            #14
                            I guess I can fall back on section 21 if section 8 doesn't work out ?

                            Comment


                              #15
                              Originally posted by Newbielandlord2015 View Post
                              I guess I can fall back on section 21 if section 8 doesn't work out ?
                              Yeah, but you'll still have to pay your and your tenant's costs. That's why I wonder if it's possible to withdraw.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X