Tenant getting into debt
Possession - Section 8 and Section 21

0 Thanks
1 Posts
9 years ago
I have a tenant who has signed a tenancy agreement ending in December. There partner has went to prison and she is struggling to pay rent.

She wants to leave the tenancy and as her circumstances have changed i am willing to allow her to leave the tenancy early.

The problem is that she wants me to evict so that sne can be put on the Council Emergency Housing list. My problem is that as of this moment i cant evict her under section 21. Technically as of this month i also cant evict her under section 8 either, as she doesnt owe me the equivilant of two months rent and for the last year they have both been the ideal tenants.

Her worry is that if i dont evict her she is going to be in a position in the next couple of months when she is going to start accumulating a lot debt.

Is there a way that the tenant can leave the tenancy with the landlords agreement early as there situation has changed and not be in a position where they must remain in the tenancy until they have accumulated debt and been evicted.

The problem i am trying to get around is would a Council consider a tenant who has made the right decision, in regards to not being able to afford the rent in their tenancy agreement and leaving a property, be placing themselves in a position in which they have made themselves voluntarily homeless.

Has any one else been in a this position and is the answer to let it happen, have the tenant go into debt, serve the eviction notice when i can and go through the courts.

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.