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golfpro99
24-09-2011, 18:17 PM
Tenant owes me about £350 in rent. Got council to pay benefit direct due to 2 month arrears.
Served a section 21 notice as tenancy agreement expired giving her 2 months.
She has now canceled her benefit due to eviction and so I won't get any current money until she leaves.
Section 21 expires end of October and presume will have to then apply for court.
Do I now serve 2 week section 8 notice. Can I claim costs if she's on benefit or wasting my time. Just annoyed she deliberately stopped direct HB to me.
Thanks

jta
24-09-2011, 18:35 PM
If there are 2 months owing at the time of service and the hearing then you can serve a S8 G's 8,10 and 11.

If there are not 2months owing you cannot use ground 8.

Are you sure her benefit has stopped? It's not unknown for some tenants to spin a yarn to the council. If she is 2 months owing then the council must pay you direct.

theartfullodger
24-09-2011, 18:38 PM
She's got so few powers, levers or influence & you are throwing her out of her home, her property : What would expect most p+++ed off people to do in such circumstances???

golfpro99
24-09-2011, 18:40 PM
I got last month direct from council and today got council letter saying it's been stopped. Rang tenant and she admitted to stopping it because I'm evicting her.
She now owes me more than 2 months rent. I won't get anything now until I get her out..
Do I have to wait for the 2 weeks before applying for court date.
What's best action please

golfpro99
24-09-2011, 18:50 PM
Theartfullodger.....
As she is on housing benefit and chose to keep it and not pay rent then she deserves eviction.
These people think everything is for free and good old landlord can just afford to not get rent..

jta
24-09-2011, 18:51 PM
She's got so few powers, levers or influence & you are throwing her out of her home, her property : What would expect most p+++ed off people to do in such circumstances???

Uncalled for mate!

OP. Yes you will have to wait the fourteen days before applying for a court date.

theartfullodger
24-09-2011, 19:04 PM
Unreserved apologies for anyone offended : I was simply trying to illuminate the reaction of most humans ....

Grovel, grovel, grovel, tug forelock your honour sir!

Snorkerz
24-09-2011, 19:33 PM
Section 8 ground 8 (which requires a court date) will probably take the same length of time (including notice period) as section 21 (accelerated). So by all means serve s8, but it is unlikely to speed things up.

You seem to think that you will not get any income from your tenant until she leaves? Is this so, or are you referring to income from a new (rent paying) tenant? An ex-tenant on benefits (without a guarantor) is unlikely to cough-up once they have departed, no matter how unfair that is.

You can claim costs, you are unlikely to get them (even if the court agrees to your claim).

#Artful: 'most humans', yourself included I suspect, would not have got themselves into this situation because they would have used their housing benefit to pay their rent. There are few humans who would not consider a roof over their head to be a priority.

Chemistry
26-09-2011, 21:12 PM
I would think that this situation requires an appropiate letter sent to your tenant. It seems that many a LL and indeed tnt have lost the art of communication. However, it is not clear from your post whether or not you would have served a s21 notice if the tenant had not be in arrears. s21 is a no fault notice so I can see how easy it is for a tnt to think that they can withold rent under the circumstances. However, I would have thought that if you reminded the tnt that they require a LL reference for their future let that may alter the actions .On the other hand, LL's need to be reminded that tnt's incur considerable costs moving when a LL decides to serve a s21 after 6 months.

mariner
26-09-2011, 22:30 PM
"On the other hand, LL's need to be reminded that tnt's incur considerable costs moving when a LL decides to serve a s21 after 6 months"

Why, s21 is a No Fault Notice but NOT a NTQ! If T decides to voluntarily vacate, that is Ts decision & cost.
What LL could have done, I accept the lost art of written communication between LL & T, explain to T that s21 was not a NTQ but just the first step if required. T has made this virtually inevitable by cancelling HB claim and failing to pay subs rent.
This case appears to be a good reason why precautionary s21s be issued to all Ts early in T. Otherwise Ts tend to panic/overreact when one is received, or perhaps a s21 issued 'in anger' should contain a reason. This would not overide the req for a s8 if rent arrears persist.
Discuss (again)