10/11/2020 | Tenancy
We thought of publishing this case because this is one of our initial tenancy dispute cases that we represented. The case was complicated as we were facing a difficult tenant who intended to stay at the property until bailiff arrived at their door. We were not recognised as a practice handling many tenancy disputes at that stage. However we took this case as a challenge and after getting the successful judgement for our client we started receiving regular referrals and this wing of law became one of our core service offerings.
Our client, the landlord of a three bed terraced house in Birmingham sought out advice for his tenant who had suddenly stopped paying rent. Also the tenant became completely non-responsive to the letting agent’s phone calls and letters when they chased the outstanding rent. Section 21 notice was issued to repossess the property as the rent remain outstanding for several months. We stepped in at this point and advised our client that we can help him to file a case for eviction. We consulted an experienced barrister to take up the case for court representation and gathered the full chronological history of the case. We identified and established that our client has rightfully conducted the tenancy and this was the tenant who disregarded the contract by not paying the rent and not vacating the property despite lawful notices were served.
On the court hearing we found that the couple who rented the premises have been separated long time and the property is occupied only by the wife and her two daughters. She was not working and had been supported by her elderly mother. By that time they had 8 months of unpaid rents which accumulated to a large total. The tenant requested the Court to grant them permission to stay in the property and allow them only to pay a portion of the due rent subject to approval of their benefit claims. This was not agreeable by the landlord as there was no guarantee that they would be paying any money in near future when the landlord would continue to be paying the mortgage on the property. Based on the supporting evidence gathered by our firm, we obtained a judgment ordering eviction and payment of due rent in favour of the landlord which was a great relief for him.
Later we also applied for Court bailiff service to evict the tenant from the property. The landlord ultimately resumed possession. We also assisted the landlord to successfully obtain refund of council tax which was unduly levied upon the landlord.
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