UK Landlord Forum / Life

Hi,,,can someone give me some advice,,,i have a tenant who is 3 months in arrears, the rent has started to get later and later and now stopped, since they have moved in i found out that ther previous landlords reference is a fraud,   i also put there deposit into the DPS late as i did not know about this new law as i live abroad,  Have been advised to do a section 8; would like to know if anyone know what the judge will think about this ..Thanks

A Section 8 will likely be your best (possibly only) route to a successful eviction. The requirements are met. Whereas your position with a Section 21 (as things currently stand) is a lot more flaky.

You're still on the hook for deposit protection failure, though. It's not a new law, not at all... 2007... more than a decade. The reason you give for not doing this isn't valid, of course. If you're living abroad, is it a country that doesn't have Internet (question asked with my tongue in my cheek, obviously it does). I was going to ask "how late?" but it doesn't really matter... it was late. Tread carefully. You might have a professional Tenant on your hands... possibly a desperate one (someone who goes to the extremes of getting fraudulent references is unlikely to give up what they've got so easily).

Hi,,thanks we have started the section 8 route, what will the judge say about there fraudulent previous landlords reference.

You must have the same model of crystal ball as I have? You know, the one that doesn't work? It's all a big con, cheap imported tat. I had high hopes...

A bloke on a bus told me that none of them work! That was impressive as I wasn't on the bus.

Valbonney-I very much doubt if the judge will give a er...toss about the references. It must happen so often,and I am not even sure if lying in such circumstances is against the law.Even if it is,not worth trying to enforce.

When you submitted your section 8 action on which grounds did you seek repossession?
The judge will only care about misrepresentation if you elected Ground 17:

Ground 17: false statements
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

(a) the tenant, or
(b) a person acting at the tenant's instigation

If you did then he will care, if you did not then it is an irrelevancy.

Best of luck