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As mentioned before she was over 5 months in arrears due to 1) The Managing Agency London Housing Solutions going into liquidation. 2) Her continued refusal to sign a new tenancy agreement with me which delayed with payment of her housing benefits to me which an advisor was adament I could not get, until I wrote to the CEO's office who in turn with the Director of Housing Benefits agreed I should get.
So no, at this moment she is not in arrears, but the property is in need of repairs due to the failure of the Agency not carrying out required work which the tenant is now requring me to do.
She has not been a helpful tenant and my place is now too small for her and wants to be made homeless do the council can deal with her case.
I do not want this tenant in my property any longer as I cannot carry out any repairs with her in the property.
I hope this clarifies the position and you can confirm which Section (8 or 21) I need to serve her?
As I mentioned she has not signed the Tenancy Agreement I gave her which would have been effective
from 6 December 2013 for 6 months.
No, she has been in the property for ages as the tenants of the Managing Agents, they themselves had issued her with a couple of Sections 21s the last one was to cease on 6 December after they had gone into liquidation.
So she did not have an agreement with me, my agreement would have been a new (amended) one as I 'in theory' by default, had become her Landlord.
I am sorry I dont understand the question that you have asked, nor the reason for Jo opting out. Is this something that can happen at any time with the online experts?
I did not have an agreement with her as she would not allow me to give her one, she did not want me to be her Landlord, despite knowing what had happened to London Housing Solutions.
I finally sent her one by recorded delivery and took another copy to her at the flat in February (dated to start from December 2013) but she still refused to sign it, it would have been an Agreement for 6 months.
It was because of her continued insistence not to sign the Agreement which also helped in Lambeth releasing back benefit payment direct to me, this was awarded to me in May 2014.
So again I say, that in reality she does not have an agreement with me and the time frame I had originally given her has now lapsed. Plus I need to possess my property so I can carry out essential works as a result the non-maintenance of the Managing Agents and her lifestyle.
I hope this help in providing me with the required answer, as I am keen to get the ball rolling now that we will be entering the school holidays.
Sorry, just seen your reply.
My initial question to Jo included which Notice should I issue her, a Section 8 or a Section 21 or now a Repossession Notice due to all of the above factors.
I would not put it that I want to 'get rid of her' I just want to serve her the appropriate notice, due to again of the above reasons, non-compliant to sign a new Tenancy Agreement after the Management Agency went into liquidation, aiding to the disrepair of my property, a need to get into the property to carry out required repairs which cannot go on around her, her ultimate wish to be re-housed into a larger property.
So again, I really just need to ensure that I issue her the correct Notice bearing in mind I do not have an agreement with her, albeit that now the Council is paying her recent direct to me.
Great! I will issue her a Section 8 and Section 21 and a Repossession Order.
Council says they can't do anything until she is made 'homeless'. So I will proceed as above.