Tenant who hasn’t paid rent in nearly 4 years

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While the situation may present some challenges, there’s still a good chance you can succeed in evicting the tenant and recovering rent arrears. Here’s a breakdown of the potential hurdles and your options:

Missing Tenancy Agreement and CP12s:

  • The lack of a written tenancy agreement and CP12 certificates (prescribed information documents) can make the process slightly more complex. However, it doesn’t necessarily prevent eviction.
  • You can still rely on the Section 8 notice you served, assuming it was validly issued based on valid grounds for possession.

Unprotected Deposit:

  • If the deposit was never placed in a government-approved deposit protection scheme, this could significantly impact your ability to claim any deductions at the end of the tenancy.
  • However, it doesn’t prevent you from evicting the tenant for rent arrears.

Delay in Taking Action:

  • The delay in addressing the situation might raise questions in court, but it shouldn’t automatically prevent eviction, especially if you have a valid reason for the delay (e.g., family and financial issues).

Here are some key points to consider:

  • Continue with the eviction process: Since you’ve already engaged a company for the eviction proceedings, it’s crucial to follow through with the court process.
  • Gather evidence: Collect any evidence you have related to the tenancy, such as communication with the tenant, proof of rent payments made (if any), and records from the letting agency (if available).
  • Explain the situation to the court: Be prepared to explain the reasons for the missing documents and the delay in taking action.
  • Legal advice: Consulting a solicitor specializing in landlord-tenant disputes might be beneficial. They can assess your specific situation, advise on potential challenges, and guide you through the legal process effectively.

While the missing documents and delay might present some complications, it’s important to remember that the court’s primary focus will be on the tenant’s non-payment of rent and the validity of the eviction notice.

By taking proactive steps to gather evidence, explain the situation to the court, and potentially seeking legal guidance, you can increase your chances of a successful outcome in the eviction proceedings.

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