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Repossession Blues and the Tenant from Hell


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Hi All,

At the start of the tenancy, the tenant and I both signed a Section 21 Notice which stated that I required possession of my property at the end of the tenancy period. A couple of months prior to the tenancy's expiration, a formal letter and a copy of the signed Section 21 Notice was sent out to the tenant by the Letting Agency, advising of the pending repossession.

The tenant later lied to the Local Authority that the Section 21 Notice issued along with the letter, reflected the date of the previous six month tenancy and not the current one, therefore making it invalid. But of course, both myself and the Letting Agency have copies of the signed Section 21 for the present tenancy, even if she's claiming the agency later sent her the wrongly dated one in their letter. To cut a long story short, I am in the process of applying for repossession through the Courts.

Now then, my queries:

With the tenancy for the last period having just ended and the repossession case pending in Court, does the law make provision for me to continue demanding rent on a month by month basis as per the terms of the last tenancy? If this is indeed the case, does rent liability fall solely on the tenant or is this shared between her and the Local Authority who have paid her rent throughout her occupancy?

Should rent liability fall on the tenant and she defaults with payment, can I recover all arrears in court and even file a case of bankruptcy against her if I wish?

Under the terms of the last tenancy agreement, a rent review could be carried out annually. Will I still be entitled to review the rent, should the tenancy continue on a monthly basis whiles the case is in court?

My annual contract with the Letting Agency expired at the same time as that of the tenant's tenancy. I have decided not to renew my contract with the agency, with a view to employing the services of one of the more reputable property management companies.

In view of this, could anyone provide some tips on how I can ensure the outgoing Letting Agents, carry out a full and proper transfer to the incoming ones, with particular reference to issues such as the property inventroy, damage deposits, etc?

Thank you.


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Oliver (lauralivesartnouveau)

Thank you ever so much for your advice. You have no idea just how you've made my day and since reading your post, I just haven't been able to wipe the smile off my face. Trust me, even before your reply, I was hell-bent on setting an example with this tenant and would have spared no expense at doing so. Now you've given me this tip about Moneyclaim.gov.uk, I am purring with delight like a cheshire cat.

I am quite surprised though that your post has still not appeared as a response to my original topic. I really hope it does eventually because I think there are thousands of landlords out there going through hell, who could do with your tip. Some tenants never have any dignity or conscience and need to be treated like the trash they truly are.

Thanks again.

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I was aware of money claim .gov but fortunately never have had to use it!

A lot of claimants stumble at the first hurdle though.......delivering to the defendents address!! Which is why you see so many Bankruptee's with about 5 addresses after their name!

Still, anything is worth a try to get back at those Tenants who take the pi$$


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