IVA Tenant, S21 and Councils attitude ...advice please

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    IVA Tenant, S21 and Councils attitude ...advice please

    My tenant moved into one of my flats in 2008....he claimed H.B. because he has Deep Vein Thrombosis amongst other things.
    Prior to moving in, I asked for a doctors letter to say he was capable of looking after himself and that benefit payments should be paid direct to me. Also, I had permission to discuss his claim with the council....the council said that they would have to pay the rent direct to the tenant but agreed to discuss his claim should I have a query.
    Well, he hasn't been the best of tenants by any means but more to my point.
    Over the years. his health has become worse and on the 6th. November was admitted to hospital as an emergency and he is still there. There has been no contact other than when I phoned his ward to ask how he was. I was told he was making slow progress and making phone calls and yet he hasn't contacted me.......I didn't want to contact him under the circumstances as it could look as if I'm harassing him.
    I should have received a rent payment on the 10th. of November and yesterday phoned the council informing them of the situation. They told me they could not discuss his claim because an agreement to do so should have been updated since 2008......I asked when such agreements should be updated and was told every two years or so, yet the tenancy agreement hasn't changed!!
    I found out my tenant has an IVA in place since June of this year which means I can't claim my debts back through the court after I evict him.
    I've forwarded the information of the IVA to the council together with other info in the hope they send me my tenants next rent payment direct, instead of waiting until he's two months in arrears before they are supposed to do so.
    As there has been no contact either from him, his family or friends I can't see what option I have but ti issue a S21......should I serve this to him in hospital though?....obviously, if it is served at his flat he's not going to receive it
    I'm told he should have asked the council to pay me direct once in an IVA......should I inform his Insolvent Practitioner?

    Any advice would be appreciated......Thanks

    #2
    Serve the Sec 21 to the tenants home address.
    Send it from a Post Office, and get a certificate of posting.

    I don't know about IVA's, but I would have thought it related to creditors that were named and owed at the time, not future monies owed.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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