Section 21 plus unpaid rent since june plus cancer

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    Section 21 plus unpaid rent since june plus cancer

    Good Afternoon

    I've been having a nightmare with a tenant of mine. she was signed up to a six month AST in march and everything was fine until June she stopped paying. all the excuses (bank as lost it) then she's come back to me saying she's got cancer and lost her job etc. I served a S21 due to the arrears for 2 months. the dates been and gone. she's refused to leave and said I must take her court to evict her. she is convinced that the judge will give her time to leave as she is ill. anyways ive paid for a court date witch is in November. what will happen? she is also saying if I cancel the court date she will pay up? she is two months out of her ast.?

    what happens on the day of court?

    thank you and hello to everyone

    #2
    2 month arrears = Section 8 not 21.

    Can you fill out the questions asked at the top of the question page - helps us understand better?



    Freedom at the point of zero............

    Comment


      #3
      You can't serve S21 due to arrears; it is a no fault eviction. You could serve both S21 and S8.

      The court only has limited power to delay s21, for exceptional circumstances, and only for a short amount of time. I imagine the only reason they would invoke that in this case, is if the tenant was expected to die or have surgery within the extension period. I seem to remember the maximum extension is 21 days.

      The real delay issue is the time it takes to complete the process.

      A tenant that really can't afford to pay private sector rents pretty much has to force a court case, to avoid being considered intentionally homeless. On the other hand, failing to pay that part of the tent that they could reasonably afford would also indicate intentional homelessness.

      Comment


        #4

        Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

        Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Solo

        Q3 – What date did current TA start dd/mm/yy?
        : 27th day of March 2019

        Q4 – How long was initial fixed term (6/12/24 months / other)? 6 months

        Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? every 27th

        Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
        The Deposit Protection 27/03/19

        Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). section 21 30/7/2019

        Q8 – Does the landlord live in the same property as the tenant? no

        Comment


          #5
          oh and this is all through a agency and there not helping me what's so ever as the tenant as threating to get them done for harassment

          Comment


            #6
            Until i viewed a fully authenticated NHS letter mentioning the diagnosis of Cancer with their name and address on it.............You get where i am coming from.

            Comment


              #7
              just a snipped with what im dealing with I asked for payment of the arrears as she promised 4 months this week watch oh it changes....


              Hi sorry still in hospital my solicitor is away but his partner say he will deal with it on Tuesday when he's in the office sorry best I can do. If I pay to end of year can you delay the eviction until January ? My treatment has to be increased so I able to organise any move ATM. I have more surgery on Monday. Or if you wish to sell the property I am now in a position to.proceed with a purchase? It would be a cash sale. I was going to buy a new build but the lead time is to long. Also.ive been chasing heating engineer over the heating repair and he has not responded ?
              Thanks x



              Due to not having received rent payment since June (now amounting to £3500 in arrears) excluding court fees, delaying an eviction could not be considered. I am pleased to hear you are in a position to pay cash for a new build property and in turn hope that this means you are position to pay arrears owed in full.
              Regards
              Landlord



              Ok in that case I will pay the full arrears at the court hearing and apply for a 28 day eviction date due to my health condition. Would you consider selling to me ? Regards



              Just to confirm - you are refusing to pay arrears as I am unwilling to delay the eviction?



              No I'm not I am abliged to do this at the hearing as I have been advised. This way a suitable date can be arranged by the judges given the position I'm in and my doctors and historical no problems that have caused me to fall into arrears. I repeat I'm not trying to be awkward I'm trying to resolve this matter and have asked if the extended eviction can be arranged with you rather than the court. I will have representation from hospital and the council who will confirm my housing & health position which will guide the judge on the amount of time to allow for me to move out . I am trying to avoid this. My request is one way of doing that ? . I am really sorry I am too poorly to continue with this form of communication if you are going to misinterpret it. I am acting as advised.
              Thanks.


              Comment


                #8
                Cease communication with this T now. Ask Court to make your T liable for your related Court fees etc.

                Comment


                  #9
                  If she lost her job, she should have got redundancy payment and be applying for welfare. She tells you she can pay cash for your property, but she has representation from the council. I hope the NHS bill her for their time. Unbelievable.

                  Comment


                    #10
                    hello this tenant as come back and said her heating isn't working. do I need fix this ?

                    Comment


                      #11
                      Of course you need to fix failed heating! Also arrange inspection as per the Act. And take a witness.

                      Start s21 court action TODAY!.

                      Also serve s8g8,10&11 TODAY. Copy to council housing dept.
                      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...

                      Comment


                        #12
                        section 21 was served 2 months ago court date on 11 nov. AST ran out too.

                        Comment


                          #13
                          AST continues as periodic, same terms (it's in the Act - a landlord cannot - may not - prevent it.

                          An s21 does not end a tenancy nor compel a tenant to leave: Only a court plus bailiffs/HCEO can do that.

                          Has your s21 been checked against
                          https://nearlylegal.co.uk/2018/10/se...th-grey-areas/
                          ??

                          If heating not checked and being repaired before court date the judge will be even more sympathetic to tenant. Put any repair actions - including inspections and plans - into letter mailed/emailed to tenant, keep copies.
                          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...

                          Comment


                            #14
                            s21 was served by letting agent. there not helping as there not getting paid there selfs and ive asked loads about s8 and they keep saying no as we have served s21 and this is better bla bla bla.

                            Comment


                              #15
                              Have YOU checked the s21 is correct, please? If you haven't I suggest you do so now.

                              Don't assume letting agent knows what they are doing (or indeed have done what they claim to have done). To be a letting agent requires no training, no qualifications nor any criminal records check. It is always the landlord who remains responsible ...

                              Have YOU got copies of all relevant paperwork?

                              There is nothing preventing YOU from serving an s8 (or indeed s21..) TODAY.

                              What training have you done in landlord/tenant law, please?
                              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...

                              Comment

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