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Surprised your solicitor didn't know this!

I'd still make sure you're doing everything you can to get the tenant out, make sure it's all done by the regulations 100%. The longer they're in there the more potential for it to KEEP on affecting your income.

How long until the tenant moves out? Why don't you work on what you can do first and get them out of the property and get a better tenant in, with a new lease and new bond. How much short paying have they done? If it's only say $500, might be cheaper to write it off than pursue legal means...