T's not paid full rent; s.21 Notice served; what next?

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

    T's not paid full rent; s.21 Notice served; what next?

    I have a tenant who will not vacate my property. I have started proceedings under section 21 to remove him but he has asked for an extend stay as he suffered a stroke nearly an year ago. DO I write a letter to the court explaining why he should leave immediately ? I have been very patience with him but he will not move out.

    The council are paying some of the rent and not all of it (£300 short per month). This has now amounted to him owing me nearly £3,000. Shall I put this in the letter to the court?

    Also how can I recover this money? Is the small Claims court the best option? But I think he has no money to pay me - is it still worth going for me to recover the £3,000? This is a lot of money which I cannot afford to lose.

    Any advise would be appreciated.

    Thanks

    #2
    No reason is required to issue a Section 21 so you don't need to explain anything to the Court under Section 21 - they have to give you repossession - it's mandatory.

    If your tenant genuinely hasn't any money, whilst you can make a claim in the small claims court, and have a ruling in your favour it is unlikely that he will be ordered to pay anything more than a few pounds a week. So you have to weigh up whether it's worth spending out the court fees or not and the aggravation of pursuing the debt if he doesn't even pay that...

    I take it the AST has been written to allow you to use the deposit against rent arrears ?

    Originally posted by Kam_kot
    I have a tenant who will not vacate my property. I have started proceedings under section 21 to remove him but he has asked for an extend stay as he suffered a stroke nearly an year ago. DO I write a letter to the court explaining why he should leave immediately ? I have been very patience with him but he will not move out.

    The council are paying some of the rent and not all of it (£300 short per month). This has now amounted to him owing me nearly £3,000. Shall I put this in the letter to the court?

    Also how can I recover this money? Is the small Claims court the best option? But I think he has no money to pay me - is it still worth going for me to recover the £3,000? This is a lot of money which I cannot afford to lose.

    Any advise would be appreciated.

    Thanks
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

    Comment

    Latest Activity

    Collapse

    Working...
    X