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section 8 served tenant agreed to vacate property


benyusif

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My tenants owes over 10 weeks rent . She is on full housing benefit and is not passing the rent to me . The tenancy was for a fix period of 6 months and is due to end on 25th April 2012 . I have served her a section 8 notice due to the rent arrears ,which will expire on the 27th April . I have also informed the local council and have asked them to pay me directly any future payments .

I served the section 8 notice and she agreed to vacate the property on the 24th April but will not be paying the rent . The reason she is not paying the rent is due to repairs not be done . The only repair is that the hallway landing need painting . I offered to arange for a handy man to spend a day to carry out any other work but she has refused !

She signed a statement to say she will vacate the property on the 24th April ( but said if she finds another property .I can only assume that she is withholding the rent money to pay for the deposit and rent for the new property .

Can I start the eviciton process now or should I wait till after the 27th April . what notice should I be using ?

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Continue with your section 8. f the tenant has left the property and surrendered it by the time of the hearing you can explain that to the judge and ask that he makes judgement on the unpaid rent and costs.

You can either commence your possession claim online at www.possessionclaim.gov.uk (£100) or by paper using forms n5 & n119 (£175). It is possible the tenant will leave, but how easy do you think it will be for her to find a new 'DSS friendly' gaff when she hasn't got a good reference from her current landlord? Her going on the 24th is - unlikely.

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