Vacant possession, The tenant does not pay the outstanding

Vacant possession

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Reference no: EM133893243

Question

You have a Tenant who is in arrears with their rent. You issue the tenant with a Form 2 for non-payment of rent. The tenant does not pay the outstanding rent and does NOT provide vacant possession. However, they do explain to you that they will pay all outstanding monies within a week. In a week's time, they do not pay. They promise they will pay you in a week as they are receiving a pay out from an insurance company. Unfortunately, you omit to follow it up and you are then away on sick leave. By the time you return to work you discover that the tenants have still not paid the rent and they are still living at the property. Many weeks have passed. You apply to SACAT for a Vacant Possession Order. However, when you arrive at SACAT to present your case and obtain vacant possession of the premises, your case is not heard due to the Form 2 now being "void". What section of the Residential Tenancies Act 1995 applies to this situation and explain why the Form 2 is now considered "void"?

Reference no: EM133893243

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