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Jayne said: Posted on: 09/09/2008 00:00

I would be grateful for your advice on the following issues:

1. I have a problem DHSS tenant with a history of rent arrears. I am now in the process of going through the accelerated possession process and at the stage where he has 14 days to file a defence with the court.
I have managed to get the DHSS to pay housing benefit firect to me but there is an outstanding amount of 140 per month which the needs to make up. However he has already informed me that he will not be able to pay this amount on 10th Septmeber. Please could you advise me the best way of pursuing this. Can I take him to the small claims court? If I do I am sure he will not pay because he has no money or is actually spending it on drink as he is always drunk when I visit the property.

2. Because I am unlikely to get a result from him I would like to pursue the daugheter who was living in the property until ? May 2008 (the latest contract was for the period 10 February to 9 August 2008) and she was also paying the rent from her bank account until this time. He now has a legal aid solicitor who has informed that I cannot pursue her because she has not signed the contract. Is this true? Although she has not signed the contract she is named on each of the contracts over the past 2 hyears and her father has initialled each page of the most recent contract and she has signed as a witness indictaing her address as overleaf. Is this enough proof of her living there?

3. If I do manage to get the tenant out, he will be leaving about 2000 of damage. Again as he has no money is it possible to pursue the daughter for this money through the small claims court.

4. As previously stated the tenant now has a solicitor who is trying to correspond with me. The solicitor has requested that I send a copy of the notice which was served on the tenant because he says his client does not recall having signed a receipt of notice and it was not attached to the claim for possession. Please advise if the court should have sent this to tenant with the claim form for repossession or is it in my interests to send it to the solicitor?

I look forward to your advice

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