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We have a difficult tenant who is in arrears with rent (approx

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We have a difficult tenant who is in arrears with rent (approx 2.5 months)She has been a tenant for about 21 months and has regularly been late with her rent(in fact always).We issued her with a repossession notice(under section 8 for persistent late payment of rent) and two days before the hearing date (13th Dec) we came to an arrangement--that she would pay us a full month's rent by the end of Dec. So we withdrew the action by writing to the judge.We have not had ANY rent from her.Do we now have to start from scratch and issue her with another notice (and wait the obligatory 14 days and then issue another possession claim) or can we make an application to restart the previous claim and if so what should the wording be?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hello Nazin27,

 

When you wrote to the Judge did you ask for the claim to be "withdrawn" or postponed.

 

If you withdrew the claim then you will have to issue further proceedings based on the re-served notice.

 

In future if you come to an arrangement with the Tenant prior to the hearing then you should write to the Judge and ask for the hearing to be postponed. You would then be able restore the claim and proceed on the original notice. The Court would then send a Notice of Restored Hearing to the Tenant.

 

At least you have anticipated your position and already re-served.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow-up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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