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Section 21 - re-hearing due to missed break clause..

Started by inky, July 16, 2012, 10:29:13 AM

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inky


I am attending a re-hearing today as the judge did not notice the 6 month break clause in the automated Section 21 original hearing.  It is in clear headlines at the top of the first page of agreement.   The company acting as eviction agents are not attending, however I am worried that my tenant will try and sit it out to end of assured tenancy.

The flat has an offer on it and I need a possession order today to exchange this week otherwise I will lose the sale.  To complicate matters this is my only capital or income as I live in rented (soon to be evicted myself as unemployed) and cannot claim housing benefit as have equity in this property.  My daughter (7) and I are living on £40 a week, whilst my overseas tenant his girlfriend and new baby are living in my property claiming full beneifts having not paid rent since January.

A real horror story - my eviction agent says today should be a formality but worried...

Topseyt

I hope you get what you need, as it sounds as if you are down on your luck at the moment.  :(

If your tenant is on full benefits then it is a safe assumption that housing benefit, which he should be passing straight on to you, is one of those.  He therefore has no excuse not to have paid you, so you will be well rid of him.

It used to be that a housing benefit claim could be set up so that the rent was paid directly into the landlord's account, which avoided just this type of situation.  Sadly, that did change, and it isn't always done that way these days.  It just gives a few unscrupulous tenants the chance to take the money for themselves.

Fingers crossed that today's judge reads the papers properly first.