Section 8 eviction worried about tenant disrepair counter claim

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    #46
    I sympathise. I had similar allegations thrown at me in the defendants witness statement against my Section 8 - Rent Arrears claim. However in court, the only evidence produced was the rent arrears statement from the Lettings Agency which was undisputed and the defendant did not make any reference to her allegations. The main defence revolved around problems getting Housing and Universal Credit benefits claims processed. Despite there being no evidence produced to support this, the court was sympathetic to her sob story and adjourned the case to allow more time for the benefits to come though. The adjournment added another 4 months to the process and needless to say that even though she was receiving both Housing and UC benefits all the time, none of this money came my way. Perhaps if my solicitor had been better prepared and more forceful in court, there may have been a better outcome for me.

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      #47
      Originally posted by kennyj52 View Post
      Perhaps if my solicitor had been better prepared and more forceful in court, there may have been a better outcome for me.
      Well yes, clear precedents from higher courts that problem with benefit claims are not considered exceptional circumstances for delays.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #48
        Hi, just to update - done section 21 and tenant put in defence for can't afford court fees as part time worker and has kids (adds weight to my section 8 I guess) and ongoing bizarre allegations of 'how's your father' (Ms Blobby and certain dodgy shows wannabe come to mind when describing this human) - will these hold any weight ? Waiting judgement from court
        Last edited by Newbielandlord2015; 21-05-2019, 08:54 AM. Reason: Not wanting to cause offence/legal issues

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          #49
          None of those things should be a viable defence to a s21 notice.
          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).

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            #50
            If S21 successful, what happens with s8 - don’t think you can withdraw; is it just for rent arrears (of which there is quite abit) ? And tenants disrepair and harassment defence against me ? Just thinking of what will save me the most money gas heard generally I won’t be getting any money back from the tenant

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              #51
              If the section 21 notice is what you action in court, the section 8 notice just sits there.
              If the section 21 is unsuccessful you could take it to court, if the s21 notice proceedings result in repossession it's redundant.

              There's no way to withdraw it.
              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).

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                #52
                Originally posted by jpkeates View Post
                There's no way to withdraw it.
                Well there is, the landlord grant the tenant a new tenancy.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

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                  #53
                  Why would LL do that after serving a valid s21?
                  Just ask Judge to apply hearing costs to T. If not paid, register a CCJ, (if reqd).

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                    #54
                    I dunno about that bit that's what my solicitor advised, but theoretically saying if I got a valid section 21 (accelerated proceedings) and the tenant outstayed the expiry date, is there anyway they can overturn the upcoming baliff eviction ?

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                      #55
                      As I understand it wants to the S21 is granted then the tenant is on the fish will notice to leave by the court if they haven't left then the bailiffs are allowed to be appointed there's nothing I can do to stop it

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                        #56
                        Originally posted by blinko View Post
                        As I understand it wants to the S21 is granted then the tenant is on the fish will notice to leave by the court if they haven't left then the bailiffs are allowed to be appointed there's nothing I can do to stop it
                        ? Heavy night ?
                        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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                          #57
                          Originally posted by blinko View Post
                          As I understand it wants to the S21 is granted then the tenant is on the fish will notice to leave by the court if they haven't left then the bailiffs are allowed to be appointed there's nothing I can do to stop it
                          Could you post the English translation, please?

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