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I’m very much a landlord in distress!
Ive just had to serve my first section 8 almost two weeks ago - and it’s close to the point where I have to apply to the court for a date.
Its a completely new experience - I've NEVER had a problem like this before - but i guess it’s just part of being a landlord.
My question is - this tenant now hasn’t paid for 4 months, so before the court date, it’ll probably be 5 or 6 months without any rent.
I plan to seek the rent owed - but will this be successful?
Also - this tenant is a single individual in a 2 bedroom house on the ast - But they do have a child who stops over every so often. How much will this affect the chance of repossession with the s8?
Thanks so much.
The child is a red herring I think as Tenant does not have full custody - so for practical purposes it is a single person who has made themselves intentionally homeless due to rent arrears.
Possession Order may then be mandatory at Court stage - though if Tenant refuses to leave you then have to instruct Court Bailiffs and/or in due Cours go via High Court to get a "next day g/teed eviction" as seen daily on Channel 5 TV.
Maybe have a word with Paul Shamplina
You should also issue a section 21, just in case by a miracle he pays a payment before or on the court date, then you havent lost 2 weeks if a section 21 is needed.
The child shouldnt make a difference.
And recovery of monies will depend if hes working has assets etc, if so get a money claim and upscale to high court as soon as you have judgement.
Stephen Coles Dip RLPM
Coles Property Management
32 Lune Grove
You can’t use a Section 21 notice if any of the following apply:
You also can’t use a Section 21 notice if you haven’t given the tenants copies of:
Sorry to hear that you are experiencing such difficulties with your tenant.
When the notice expires and you apply to the Court you will have to attend a hearing this gives you the opportunity to present evidence of the arrears and for the tenant to object. The judge at this point if he agrees with all your evidence and there is no issue with the AST or rent statement will usually grant possession and costs are usually attached the order which can be recovered on the date of eviction by a High Court Bailiff .
As the child does not reside with the tenant full time it really has no bearing on your request.
If you need further advise or information please feel free to contact me.
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