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Dear forum, I need guidance concerning a tennancy that has turned sour. Tennant has stated He has issues and has stated He is resisting paying rent. which is currently 5 weeks worth as of today. The property is a former local authority dwelling. A one bed flat in a communal block. I hold a 125 year lease on the prop.

The nub of T's issues is partly down to the fact that during the course of the year external structural repairs have taken place. carried out by LA contractors. As the exterior of the dwelling's maintennance still comes under the councils responsibility. For which I pay nominal costs.

Earlier in the year tennant burdened me with a couple of light leak issues relating to the void in the roof. One was a leaking ridge tile that had the mortar missing allowing rain to ingress. This is now repaired. The other concerns a wooden Barge board that had warped allowing a light leak to penetrate the loft. Which T has maintained has allowed the ingress of furry cretures namely squirrels scratching around in the loft. At present scaffold is in posistion and the matter is being dealt with. Not before time as the scaffold was erected the wrong side of the dwelling. Prompting the uneccesary remova and refitting of the soft fits. A real comedy of errors.

At all times I have complied with T's requests relating to repair issues. I duly notify the council of external issues. I can appreciate T's concerns that due to procedures within the council the remedial works have taken longer than anticipated. My hands are tied.

Tennant is on a assured shorthold rolling tennancy. His circumstances recently changed insofar that He has recently become employed. Resulting in a reduction of His HB entitlement. He is now liable for a five week shortfall to make up the balance. Incedently T is inscensed that the LA have made a BACS payment into my account. The benefit entitlement component. which is upto date. T had insisted to have the ammount paid to Him. Thank goodness they have not.

The situation cane to a head on Friday when I rang Him to ask for the rent. A situation He had delluded me into believing would be forthcoming once it became established His adjusted HB entitlement. As it happens, about a 3rd it once was.

I am wondering wether I have legal grounds to initiate repossesion moves by issueing a section 21 noitice on Him. For non payment of rent. Regardless of the fact I am receiving the HB component coupled with a month in advice at start of tennancy. I have stated to Him He leaves me no choice but to start the eviction procedure. Which is rather unfortunate.

Please advise if I am doing the right thing.



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S21 is used to gain possession after 2 months notice S8 is used to evict once T is 2 full months in arrears ....which could take some time if he is only partially with holding payment ...and can pay "a bit" off just before court which will completely scupper your action..

Prob best in this case to threaten use of a professional Debt collector if payment not made in full after 7,10,14 days etc

(also including 14% dc fee, interest etc) AND issue s21 to gain possession after 2 months (maybe longer if T digs heels in and you have to get bailiffs involved)


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