Possession - Section 8 and Section 21

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6 Posts
14 years ago
I issued a section 21 at the beginning of a tenancy on December 15th 2008. I also issued another one, as I believed the tenant may say she didn't receive it, on 15th April 2009. I sent this Special Delivery which I know didn't arrive until 17th of April. The tenant called to say she was upset she had to leave after the six month contract had ended but as she wasn't paying the rent on a regular basis I didn't want to continue the tenancy.

She took the notice to the council who then asked for a reference. I contacted the tenant to say if she brought the rent up to date at least I could tell the council that although she had previously fallen into arrears she was now up to date. She stopped the standing order paying the rent and is now in six weeks in arrears.

The tenant had lied to me before I gave her six months tenancy by saying she had split up with her partner but I later learned he was in prison for GBH and had fleed the schene of the crime and left someone seriously hurt. His mother lives 2 doors away from the house she's renting and I have known her for 30 years or more.

I don't want him to come out of prison and take up residence in my property but I have not discussed this with the tenant I just thought it was best to end the agreement at the end of the tenancy period mainly because there was no trust. I have asked a letting agent to contact her but she is also ignoring them.

I'm concerned about the dates on the section 21 and the fact that although I'm sure she won't remember I did in fact issue one immediately after the tenancy agreement was issued.

So I issued the S21 on 15th April to end the tenancy on 15th June which I know she didn't receive until 17th April I'm not concerned about a 2 day delay but I have been told I may have to start all over again and wait another 2 months.

She is also in breach of contract by keeping her father's dog in my house when I have specifically noted no pets without written permission. I have spoken to her about this but she has not returned the dog, who has caused damage to the garden, to her father.

There is a guarentor on the tenancy which is her boyfriends mother but last time I wrote to her for an update on the rent she was not happy.

So any advice would be welcome.

Thank you.

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