Tenant claims he wants to settle

[locolupa]

I wonder if anyone can offer any thoughts on this.

After a lengthy struggle I have a court date of 14 Jan 2009 for a possession hearing, on behalf of my 98 year old aunt after issuing a section 8 to an assured tenant. She IS signing for everything herself and would be at the court in person.

She has 2 mandatories with proof. (Rent arrears of more than 8 weeks and substantial renovations) She also have 4 discretionaries.

The tenant has tried all sorts, claiming compensation under the disrepair protocol, which came to nothing, being one.

His solicitor who I think can not get public funding to assist him in court as there is not sufficient chance of success under the scheme says that they 'will be seeking directions from the Court to deal with their clients defence'

What could this be?

The solicitor also says ' we estimate it may take some months for the Court to make a final decision in relation to this matter'

Could this be likely?

They want to settle and have asked for a sum of £1000 to over a bond and rent in advance for a new property but on the basis that he would be able to move out by the end of January.

The letter of course is without prejudice.

Now she would gladly pay the £1000 to get him out (despite the fact that he has completely trashed the place and owes £2635 in rent.)

But if she agrees and the court date comes and goes and he changes his mind she will be back at square one.

Any thoughts or advice would be appreciated.

[climbinghigh92]

stand her ground, its her house and hes broken his tenency agreement twice by not paying rent and damaging the property, a court would find that he is to pay back the rent and pay for the damage and your legal costs, there just trying to scare her, i f thay ment it thay would have had you in court by know rather than drag it out so there using excuses, try getting some legal advice, statments from naboring tenents/ owners who have witnessed any damage to the property or him letting the property, like the front garden becomeing neglected when it had been prestine when he moved in that sort of thing, demand the rents and get qutoes for the repairs needed for the property and send a bill, give him 2 weeks if not try a smal camis court or if hes been orderd to pay back money by the court or hassent, fill in a debit recovery form that will go directly to court and if apporved it would result in giving a warrent to be passed on to a debit recovery firm to recover the money owed. this cost you litte to nothing and would result in the contence of the house that he owns such as his own funiture, a car being taken and actioned of to recover the money, he would be vsited first and givin a notice ordering the payment or thay woud come and reposes his stuff basicly.

[lanaby]

Dont be bullied by the solicitor! If there are mandatory grounds the Court will grant her possession and an order for the money owed plus costs. It's straightforward and the order may mean the tenant has to be out in 14 days (after which you can get a bailiff to evict). Asking her to pay him to leave is a joke. As Aaron says stand your ground!