Nightmare! Sec. 21 Issued, tenant spending HB
I issued a section 21 notice to my tenant last Tuesday with a date of end of August for her to leave. Tenant has given excuses for last 2 months about rent arrears; not been working due to stress, unexpected direct debits, changing bank accounts etc. However on tenant's social networking site T has been posting about the fantastic weekends out been having, buying friends drinks, staying in hotels etc.
After I issued the section 21 i informed the HBA that T was 2 months in arrears and they have sent me forms to fill in for rent to be paid direct to the landlord. The rent was due on 1May2010 and 1June2010 and has not been paid.
The tenant actually signed a rent direct to landlord form after the 2nd months rent was due but promised i would not need to send it as the rent had 'definitely left T's account' and would be with me by 15th June.
My queries are as follows:
1. Should i send the original signed forms off with my application to the HBA. Forms were signed on 11/06/10?
2. I still want the tenant out of my property as i am intending to move back in. Should i issue a Section 8, seeing as though T will be 3 months in arrears after Thursday?
4. If T won't leave, will the fact that T signed the notice voluntarily go against my case in court?
5. Do i have to wait to issue the section 8 until after setion 21 notice has ended?
6. Will HBA suspend payments to the landlord when i inform them i am issuing a section 8 notice?
7. How long will the court give tenant to leave? i.e. when am i likely to get my house back?
Thank you in advance for response.
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