Have I done the right thing?

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I have a tenant who started with a 6month AST on 20th August 2009. It is now a continuing tenancy. For the first year I always got the rent although it was frequently late and I had to go and ask for it. Standing order was never set up as per the AST instructions. There was a period of her causing noise nuisance to neighbours although this was resolved eventually when her daughter moved out. September 2010 was the last time she paid any rent covering rent up to 19th October. Despite numerous promises no more rent appeared. From October 20th to 19th November I called frequently, texted and emailed her but to no avail. On 19th November I issued S214a to expire on 19th January. The S21 was handed to her on 19th November and she signed it as receipt. Do these dates sound ok? I have some doubt as to whether she will get off on a technicality - is it two full months? No deposit was ever taken and hence no deposit lodged in a scheme. (I had known her for the previous two years and trusted her to look after the place - never again!)

Here we are on 28th january and she still hasn't moved out. I have now issued Accelerated Possession procedure and am awaiting her 'Defence Form'. In the meantime I have gone down the debt recovery procedure and have a CCJ against her for three months rent + costs(Oct 20th to 19th Jan). I am frightened that she will apply for 'Exceptional hardship' or claim that my S21 was wrongly served. Anything to extend the agony. I feel the hardship is all mine. I have had to pay service charge on the flat, and insurance and mortgage and have not had any rent since September 2010.

Have I done anything wrong or could I have done anything else to accelerate the process?

Comments please

28/01/2011 00:00

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