Could do with some advice

[darricottgirl]

HI all.

I am new to this site, and totally at my wits end (hence being up at this hour whilst working fulltime!).

I have a tenant who is expected to pay top up rent, over and above the council payments. To cut a very long and very tedious story short I was in court today after issuing a section 8 for rental arrears,

She owes approximately 4 months rent - and yet today took instruction from the court appointed solicitor and has issued a counter claim for repairs not being carried out!

The judge has said it will be a fast track case and set a date for March 2012. He wants independent surveyors round and all kinds.

At no time were we ever made aware that there were any issues in the property, we have always tried to be good landlords and have even changed lightbulbs and the like for her. How can this have happened? Also, once the mythical list of repairs is made available to us (we haven't even seen it) I want to get them sorted, but I feel that she won't let us into the property, especially if it weakens her case for repairs not being carried out. If she doesn't allow access does that strengthen our case?

I am terrified we are going to lose as the judge pointed out we would then have to pay the court costs - do I need to have legal representation like she has?

Someone has told me to issue a Section 21 pronto and then seek an order from the court when that expires, but where does this leave the counter claim?

Thanks so much for reading this xx

[Mortitia]

The 'disrepair' thing is a well known problem with Section 8. If there is any disrepair tenant will exploit this to stay at the property longer. Firstly fix the repairs - then she has no case. You have been stitched up and the law allows this at the moment. Tenant will be having a good laugh at your discomfort while she racks up more debt.

A Section 21 which guarantees you able to get an order for possession after 2 months - if she refuses to move after this time apply for the court order. Now your case on S8 is in process I don't think you can go down the S21 route - someone else might be able to comment on this.

When in doubt do S21 or issue both.

Mortitia

[Carryon Regardless]

I tried this yesterday but the site failed, so here we go again.

I'm not aware that this situation prevents you from using the S21.

As you have already taken the S8 route you are more than capable of taking the S21 route and should ASAP.

Shelter would soon enough come to the T's rescue anyway.

Do the research on tenancy periods to be sure you complete the notice absolutely correct and serve in time for the end of the current period, allowing post days and not requiring a signature of receipt.

Unless you have a guarantor tied in it is very unlikely you will ever see your lost rents ad those to be lost in future. Only if you are very clever in being able to create incentive will the T have reason to pay, a S21 can be a good negotiation tool or just a good tool to get rid.

I expect the T hadn't considered a defence until assisted by the Court Solicitor, and our taxes pay for this corruption.

[darricottgirl]

Hello there.

Many thanks for the advice.

I have today issued a section 21 which ties is nicely as the next tenancy period is from 6 September.

The mad thing about all this is that I am past caring about the arrears really, I just want her out of my property! However, when we first rented to her with used a (since sacked, utterly incompetent) management company who assured me that they had a guarantor in place. I have copies of letters sent to this person naming them as the "guarantor" from the management company. However, they didn't get the correct paperwork signed so I have since been told that although I cannot claim from the guarantor I have recourse with the management company.

I have also given well of 24 hours notice to view my property (and also collect some rent!) to aid my defence as there is no way she will give me access.

Thanks again for the advice, I will keep you posted on the saga! xx