Accepting payment after issuing possession proceedings

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M
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We issued a section 21 notice last year to one of our tenants who failed to vacate the property as required at the begining of January 2013. Whilst the tenant has verbally agreed to leave this is dependant on being given alternative accomodation through the local authority/housing association.

As the tenant did not leave we have now issued an N5B form in the County Court for possession of the property.

The tenant has now paid us further money, a part of which will cover previous arrears and I will accept this portion of the money paid.

However, how would the balance of the money paid to us be considered and is it ok for us to accept it. I do not want to accept the money only to find that by doing so we have accepted his right to stay in the property under the previous tenancy agreement or that a new tenancy has been created.

Your advice would be appreciated as to whether we can accept the money paid to us, and any future money, for the period of his "extended" and "unwanted" occupation.


16/01/2013 00:00

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