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Section 8 Strategy

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Thank you in advance for considering my first post.

A tenant of mine has accrued 4 months of unpaid rent to date, she has tried to justify this on the basis of my failure to repair, and so far hasn't responded to my informal request to pay the rent and move out.

I am considering issuing a section 8 notice where grounds 8, 10 and 11 apply.

A trainee solicitor who was allocated to me has cautioned me that if the tenant part pays the arrears this could mean that ground 8 does not apply where possession would be mandatory.

I replied that in my view such a payment from the tenant would potentially undermine their original justification that non payment was based on disrepair.

Also, if we can please make the assumption that the tenants case for disrepair fails, this would leave the tenant standing before the court as someone who is able to pay rent, but unwilling and without justification.

I had hoped that the solicitor would offer some comment that my reasoning was sound enough, but in a later email simply reiterated the disclaimer that claims on the basis of grounds 10 and 11 can fail.

I appreciate that I am asking you to make some assumptions, including that section 21 is not available to me, and that the repairs matter would be resolved in my favour.

I just wonder if my thought process, not to fear the discretionary grounds, is a reasonable one in the circumstances. By implication the solicitor was saying to me that having only 3 or 4 months of unpaid rent in these cases can lead to problems. I understand that as a general point but at some stage you have to act!

Thank you

09/08/2019 20:39

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