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View Full Version : Court hearing soon - Need some info from the housing act



SALL
10-04-2008, 09:18 AM
I have a court hearing to evict my tenant this month.

It is under Section 8 Ground 8,10 and 11.

I think if the tenant shows up at court hearing she will claim that the property was in need of repairs.

Is their any text in the housing act that says.

1.That a tenant must inform the landlord of any repairs needed in writing.
2.Tenant must not withhold rent for any reason.

davidjohnbutton
10-04-2008, 10:44 AM
If the tenant shows up and claims repairs need doing the judge will not allow that against your claim unless the tenant has followed the correct procedure which is to advise you of the repairs (not necessarily in writing initially) and then if they are not done, tenant has the choice of reporting to the local council who will issue a notice to the landlord and do the works in default and recover from the landlord, or the tenant can obtain two or three quotations and send to the landlord saying that if repairs not done by x date (x date depends on the urgency and manner of repair - for example a burst pipe should be repaired within hours, a rotten fence within a few weeks as a generalisation) then the tenant will use the cheapest quote and deduct the cost from the rent - this is the only legal way in which the tenant can withhold rent over outstanding repairs.

A tenant is still entitled to repairs even if they are in arrears with rent.

In order for the ground 8 to result in a mandatory possession order, the landlord needs to prove 8 weeks/2 months of arrears present at the date of the 14 day notice and at the court hearing. Provided this is in place at both stages, the judge has NO OPTION but to issue a possession order. The judge cannot take into account any "set off" for repairs unless the deduction has been done in the proper manner as aforesaid.

jeffrey
10-04-2008, 11:03 AM
In order for the ground 8 to result in a mandatory possession order, the landlord needs to prove 8 weeks/2 months of arrears** present at the date of the 14 day notice and at the court hearing. Provided this is in place at both stages, the judge has NO OPTION but to issue a possession order. The judge cannot take into account any "set off" for repairs unless the deduction has been done in the proper manner as aforesaid.

I have double-starred above.
The wording of g8 does not require "two months' rent arrears" but- instead- two months' rent unpaid. If month1's is unpaid on the day when month2's falls due, and if neither's is paid that same day, L can serve under g8 the very next day- by which time two months' rent is unpaid, although arguably not yet two months in arrears!

davidjohnbutton
10-04-2008, 11:37 AM
I stand slightly corrected thanks Jeffrey though I would have myself said that the 2nd month you regard as unpaid would have come under the generalisation of the word arrears using the definition from the "Cambridge Dictionary arrears
plural noun
money that is owed and should already have been paid:
rent arrears"

Therefore the 2nd months rent, if unpaid when due is "money that is owed and should already have been paid" thus, its arrears!!!!!!

Yes - No ????