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rent arrears 1Michelle Holberry asked 11 months ago

my tenant has not paid rent in full for 4 months plus, has told me so many stories about changing her employment etc I have now had to serve a section 8, she is now telling me that the house bathroom was damp and she was made redundant, the bathroom has never been discussed before? This is what she is going to fight against at court that she didnt pay because of damp and redundancy, she was training all year to be a teacher- Do i have to wait 4 weeks now to apply to court as this rent arrears is going be be masssive and what chance is there of me getting anything back ?

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rent arrears 2Lavinia Isaila
replied 11 months ago

Has she ever contacted you in writing regarding any damp issues in her bathroom? If she hasn’t, you had no means of knowing that she had any issues. Firstly, follow up on her complaint, and offer to go visit the property and check on the damp issues. All correspondence needs to be in writing, so you have proof. Also, when she moved into your property, have you given her a copy of the How to Let booklet, gas safe certificate and EPC? Because if you haven’t, you will need to contact a solicitor or someone with experience in evictions, as it will not be an easy job getting rid of this tenant. However, also not impossible. Also, you need to have carried out an EICR inspection by a certified electrician, and provided her with a copy.
Good luck.

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rent arrears 3Sarah Featherstone answered 10 months ago

In addition to what Lavinia Isaila has said above, i think you should serve a section 21 notice and obtain possession through that route.

Serving a section 8 notice means the tenant can technically make a counterclaim for disrepairs (damp).

Once the tenant has vacated or evicted then you can issue a small claim for rent arrears, legal fees etc all at the same time.

Best of luck

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