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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 195
Experience:  Expert
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I am a private Landlord with a tenant sitting in my flat,

Customer Question

Good Morning, I am a private Landlord with a tenant sitting in my flat, the local council pay her housing benefit and she does not pay me the correct amount of rent as per the Tenancy agreement, some times as much as £100 per month short. I even pay her bills for her. Her contract expires on 8th June 2021. i am not will to renew and have pre warned her about this. I would like to press for the unpaid rent. She has never paid the correct amount since day1. I have been in touch with the city council but they will not divulge any information about the Tenants welfare benefits. Please could you recommend me a course of action. Thank You.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have warned her via text messages that she is in breach of contract and not adhering to the Tenancy agreement. No i have not prepared any paperework.
JA: Where is the flat located?
Customer: Nottingham City centre NG7 1GT
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have proof of all expenditure I have paid out. That is 6k modernising the flat to her bespoke request. She has a health condition namely fibromyalgia and anxiety. She has always stated the flat is unsuitable for her condition. She constantly moans about it location and being near a train line. The flat i located in very nice place within a Marina setting. She does receive Personal Independent payments along with her ECA benefit. I pay the whole running of the flat out the rent she pays me.
Submitted: 12 days ago.
Category: Law
Expert:  Lawry replied 12 days ago.

Hi,

My name is ***** ***** I will try and help you today.

I am sorry you are experiencing these problems with your tenant.

Expert:  Lawry replied 12 days ago.

Am I right to assume this is an assured shorthold tenancy?

Customer: replied 12 days ago.
Expires early June
Expert:  Lawry replied 12 days ago.

Thank you.

Have you served any notices on her?

Customer: replied 12 days ago.
Im am not prepared to Thr a new contract. She would be homeless though. The council would surely have to relocate her as she has health conditions.
Expert:  Lawry replied 12 days ago.

Yes but you cannot evict her without a court order.

On expiry of the contractual tenancy she gets a statutory periodic tenancy on the same terms and conditions as the existing one.

Customer: replied 12 days ago.
No not yet, but have texted her she will receive a notice letter
Expert:  Lawry replied 12 days ago.

If she refuses to vacate you would need to apply to the court to get a possession order.

You need to serve either a section 21 notice or a section 8 notice.

Expert:  Lawry replied 12 days ago.

As for the arrears, you can either claim them as a money claim and proceed with eviction via the section 21 procedure or serve a section 8 and claim eviction and arrears.

Customer: replied 12 days ago.
right ok. nothing I can do then.
Expert:  Lawry replied 12 days ago.

Before you sue anyone for money you need to satisfy your self that they have the funds to meet any judgment or you will only enjoy a pyrrhic victory.

Customer: replied 12 days ago.
Would you recommend persuing this case via a solicitor
Expert:  Lawry replied 12 days ago.

You can served a notice but due to the Coronavirus Act 2020 the notice period are much longer i.e. 6 months although the government plans are that these will start to be reduced from 31 May 2021.

Expert:  Lawry replied 12 days ago.

Yes certainly.

If you do not have one call the Law Society on 0207(###) ###-####and they can recommend local firms that can help.

Customer: replied 12 days ago.
Ok thanks for your help.
Expert:  Lawry replied 12 days ago.

You are welcome.

Thank you for using the service today and best of luck!