Sweeper Posted April 12, 2011 Report Share Posted April 12, 2011 I have been to court today as my tenant has arrears going back to August 2010. He was employed, then unemployed, back on benefit, off benefit, now back on it again. The rent is £750pcm and up until yesterday, the arrears were over £2000. However a payment was made yesterday by the council which dropped his arrears to £1486.14, which means he was under the 2 month window, being £1500. The Judge said I have 3 options, to go for full possession, which he told me there and then he will be unlikely to grant, go for possession with my tenant paying the arrears off, or adjourn. As he said he would not give full possession, I went for the 2nd option. He told me that he has given me an order for possession in 28 days if the arrears remain the same and that the tenant has to pay about £4 per week. It all happened so fast that I'm not sure what he has granted. Does this mean that the tenant has to leave in 28 days if the arrears remain at £1486.14. Also, can I just give the tenant "normal" notice as I do want him out of the property? Link to comment Share on other sites More sharing options...
Mortitia Posted April 13, 2011 Report Share Posted April 13, 2011 The court should write to you in the next couple of days with the correct wording of the order. Since you went to court on a Section 8 - which is all about 2 months rent arrears I think I might issue a Section 21 a or b to make sure you get possession - which is no doubt what you want. LA's have a nasty habit of coughing up rent to keep tenant in place - just. If doing Section 21 yourself take care you get the dates right - 80% fail because of some clerical error often on dates. OR get an experienced solicitor to do it for a fiixed price. This means another 8 weeks from the next rent due date to apply for a court order - grim I know. Mortitia Link to comment Share on other sites More sharing options...
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