would colleagues expect the tenant to respond to a S21 after service?
An ex-client of mine has followed my advice to serve S21 to gain possession after 8 months of arrears & dozens of broken promises to pay arrears off 'next month'. A familiar tale of woe. It's a family with 3 children under 10 years so a S8 would be challenged big style. Told him to check against the requirements for service of such & he has fulfilled all that when the AST was created with two workers with a robust income at the time. The tnts have without his knowledge been on & off HB for 2 years, in & out of the black economy, in/out of a relationship & living a life not conducive to a limited income. He discovered via the HB office that tnts are facing a clawback of many £k's due to working in the black economy. He would be at the bottom of the list of creditors apparently, because of unpaid CT.
They came clean about the HB situation & organised the HB to be paid directly to the LL.This was a heartening plan, until he found that with clawbacks imposed he received less than half the rent for 3 months. The tnts promised the top-up, which never happened. The HB stopped when HB fraud came to light via HMCI. The tnts manipulated the LL to never be more than 2 months in arrears. They've given him proof of promises to come up with staggered payments. They've proposed part-payment plans galore over the last two years. The LL has been incredibly patient in my view. Overly so I think. He just accepted articulate ploys to follow the latest part payment plan of £50 here, or there. I wouldn't have had the time, or the patience.
Any way folks. The question I put to you today is because I've never gone down this road. The LL posted the along with a witness, whilst someone captured the event on camera. So far so good. The LL is asking me now....what happens next? Should the tnts respond to the service of the S21, or does he just follow due process as out-lined in published docs on-line.
I can't help him because it's outside my experience & skill level. He would full payment of arrears. I'd advise not to & to get rid of the tnts using due process after the merry dance they've led him. He's more cautious because of the children involved who attend a nearby school. I'll remind him that the childrens parents didn't consider that when they've ignored all the 2nd,3rd,4th, etc chances given to them to keep the roof over their heads
So your thoughts please from those experienced in re-possession. The LL knows the length of time it takes to get to Court if the tnts don't vacate in two months time. That's two more months, PLUS, without rent. These tnts spend,spend ,without a 2nd thought, so I'm advising to bite the bullet, take the hit & follow through with the S21...then at a later stage claim arrears, Court costs, etc. These tnts are worthy of a CCJ in MHO. I assume they'll be steeped in toxic debt anyway, so a CCJ may serve as a warning shot across their bows. May give them a moral compass at last. I suspect they have CCJ's already & will find it impossible to acquire alternative accommodation. Expect me to come back with more questions because this situation is alien to me. Your help/advice will take me up a learning curve, perhaps to tuck behind my ear for later reference. Thank you in advance colleagues for your time & expertise.
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