HB tenant's arrears; she's damaged the premises too

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  • Moderator1
    replied
    Six threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

    Leave a comment:


  • brightspark
    replied
    Originally posted by westminster View Post
    Need more info:

    What date did the fixed term commence (dd/mm/yy)? (not necessarily the same as the date the contract was signed)
    What is the length of the term?
    Did T pay a deposit and, if so, is it protected and have you provided T with the prescribed information?
    hi the fixed term commenced 27 September 2010 the lenght of term this 6 months
    yes she has paid a deposit and it this protected and i have provide the t with the information
    many thanks for your help

    Leave a comment:


  • westminster
    replied
    Need more info:

    What date did the fixed term commence (dd/mm/yy)? (not necessarily the same as the date the contract was signed)
    What is the length of the term?
    Did T pay a deposit and, if so, is it protected and have you provided T with the prescribed information?

    Leave a comment:


  • brightspark
    replied
    help with section21

    hi what date should i put on the section21 she signed the argeement on the 27 september 2010 she pays monthly and i have issued her a section 8 aswell

    Leave a comment:


  • brightspark
    replied
    what date should i put on the section 21 she signed the agreement on th27 september and she pays monthly
    thanks peter

    Leave a comment:


  • kittikat
    replied
    Personally YES, issue a Section 21 asap but ensure dates are correct and that Deposit is protected. If your Sec 8 fails you have the Sec 21 no reason for possession route open to you. But please do wait for others with more knowledge to reply.

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  • brightspark
    replied
    i have sent her two section8 letters by post from 2 x post offices the letters states the grounds (8)
    she this in rent arrears by 2 months her nb clovers her rent of £480.00 pm ,she owns £480.00 last year 14/1/10 and her rent has been suspended from the 10 jan 2011,ihave contacted the council but she has never been in tourch, she has signed a shorthold tenancy 6month ,agreement on the 27 september 2010. the other grounds 12 she this in breach of her tenancy agreement i have listed them under each section of her t agreement ,as fellows Section 3.3
    1 Damaged PVC front door(Needs replacement ) 2.Damaged interior doors x2 3.Damaged interior wall,4 Damaged light fitting she has pulled off the pendent and left bare wires showing.5 Back bed room interior door missing.6 Interfering with the gas boiler .7 Damaged back gates (missing) 8 Damaged gutters and down pipes
    section 3.9
    she has failed to inform me of any damages to the house
    section 3.32
    she has a dog and she did not get any consent from me to have the dog
    section 3.28
    front gardren full of rubbish,back yard full of rubbish and dog mess
    section 3.40
    She has defaced the exterior of the building by painting st georges flags all over the front of the building for the worldcup she did not get any permission from me to do this
    the interior rooms lounge & kitchen have been decorated i was not consented about this and never gave permission.
    section 3.41 light bulbs need replacement in kitchen
    i have photos of the items above ,i have not issued a section 21 yet ,do i need to do that,many thanks for your help

    Leave a comment:


  • kittikat
    replied
    OP from your previous posts you have given various different dates for this tenancy. Perhaps it would benefit the more knowledgeable on here if you give :-
    - exact dates of AST
    - exact details of S21 issued per your previous threads
    - exact details of dates etc of S8 you have issued.

    I'm sure people will be better able to advise you with this information

    Leave a comment:


  • brightspark
    replied
    what should i do now with tenant after serving a section 8

    hi please can any one give any advice what should i do while i wait for the two weeks go by after i have issued a section 8 on the grounds section 8,12 breach of her contractual tenancy agreemnt for being 2 months in arreas and damaged to the house and do i issue a section 21 as well ,do i contract the t and or do i not i have texted her but she has answered back i do hassle her many thanks

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  • brightspark
    replied
    hi yes her deposit this protected and she owns 2 months one month at moment and one last year she owns £970.00 she pays £480.00 pm

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  • Snorkerz
    replied
    You will need to answer MTGs post #4 with regard to section 8, and you need to tell us if T provided a deposit, and if you have protected it. You also need to clarify the monthly rent.

    But..

    You should serve a section 21(1)(b) notice requiring possession, expiring no less than 2 months after it is served. This is not likely to result in eviction until end of June. http://tenancyanswers.ucoz.com/index..._contract/0-37

    This page will give you some info regarding the section 8 process - which could result in eviction around a month earlier, but will be dependent on the amount of unpaid rent, or the degree of damage caused. http://tenancyanswers.ucoz.com/index..._contract/0-36

    Any damage the tenant has caused, you can attempt to recover from their deposit or guarantor. Alternatively, you can sue in court if you have sufficient proof and believe it is worthwhile. Tenant may counterclaim for disrepair.

    Leave a comment:


  • brightspark
    replied
    she pays monthly and she owes £970.00

    Leave a comment:


  • mind the gap
    replied
    Originally posted by brightspark View Post
    hi the ast was started 27 sept 2010 i have not given section21 and do i issue a section8 for the rent owed many thanks
    How much is the rent per week/month?
    Is rent payable monthly or weekly?
    How much does she owe you at the moment?

    Leave a comment:


  • brightspark
    replied
    hi the ast was started 27 sept 2010 i have not given section21 and do i issue a section8 for the rent owed many thanks

    Leave a comment:


  • mind the gap
    replied
    Please answer thse questions:

    When did the AST start and when exactly does it end?

    Have you served your tenant a section 21 Notice Requiring Possession? if so, when did you serve it, how , and after which date did you say you required possession?

    Leave a comment:

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