I�m a landlord. Issued rental increase notice. the tenant is in default even not taking the rent increase. Issued section 8 notice. Applied court for possession. the tenant argued she didn't received the rental increase notice even though her benefit decision notice from the council shows the increased rent. The court adjourned to me produce evidence of sending the rental increase notice. I think it's a perjury of the defendant, it is? Can I produce this as a evidence that she reviced the rental increase notice and acted upon it, that�s why council produce new benefit desicon notice. Is it adequate? The Judge mentioned to both parties that even if the rental increase notice had not been issued, i can ask for the repossession because she is more than 8 weeks default according to the original tenancy agreement. And a hearing is scheduled for next week. What to do now? Do I need to apply for a change of direction or wait until the hearing and ask the judge for repossession without taking account of the rental increase? Any other approach and advice please.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Do you have evidence of sending?
i don't have a recorded delivery receipt but recorded delivery number and as I mentioned the council send me a copy of her benefit decision notice taking account to the new rent. This shows that she received the rental increase notice and gave it to council. is that enough? how she can argue that she didn't received when she acted upon the contents. what is called in legal terms, how i can explain to the judge?
It doesn't prove it incontrovertibly but it does give rise to an inference and you should certainly produce it but its not what the court has directed that you do.If you cannot produce a receipt though then there's no way around that. You could ask the post office if they could confirm that something was sent using the recorded delivery number and to what address.Failing that you will have to rely on the benefits increase which is helpful and you only have to get over the civil burden of proof.That said, even if the increase falls away though, your claim for repossession will not be defeated because ground 8 is a mandatory ground so this is relatively risk free for you.Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
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