seeking possession & rent arrears/tenant issued part 20 claim

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T
teacher landlord
8 Posts
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Hi



Just need some advice.



I've issued possession proceedings against tenant based on a s8 notice. I am also seeking judgment for the rent arrears which is currently circa 6k. The tenant has counterclaimed claiming disrepair. This is nonsense. Tenant is a convicted fraudster. I have sent workmen to the property and they can confirm property is in good state. I got in touch with housing standards at council to sort it out but she wont cooperate with them. The next hearing is to set directions and if we go through the whole process, it will be xmas time by the time claim is heard. In meantime rent arrears accrues at rate of 575 per mth.



I've offered to withdraw claim for money judgment, if they withdraw their counterclaim and agree to leave but not had reply from their solicitor. I am now tempted to concede disrepair (as they have limited this to less than 5k). My thinking is if I agree disrepair at 5k, this is then set off against rent arrears which still leaves me with circa 1k arrears. Will judge then make a possession order?? Am I compromising myself in any way by doing this? Bascially I want the property back and any money judgment is meaningless as she won't be able to pay it.
27/08/2013 19:30

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