Attending Court - Advice Please

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Attending Court - Advice Please

    Hi there

    I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long as possible to spite her as she has a new boyfriend.

    Anyhow, what I need to know is do I need to do anything before or what to take with me etc, Im planning on taking an updated rent statement (I sent one with the court paperwork too) and a copy of my bank statements to prove no rent has been received but I want to be as prepared as possible obviously, no guidance notes came with the court date paperwork so Im not sure if they require anything.

    I was basically just going to take along anything that I though relevant in case it was needed but dont know if Im missing something.

    Any tips/advice greatly appreciated.

    Muzza


    #2
    Give us a clue, what is court hearing about? Repairs, eviction, rent owing, license non-compliance, GBH, trespassing, harassment, illegal eviction....etc etc?

    What training have you done in landlord/tenant matters?

    Are you permanently living abroad?

    Why start a new thread?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Apologies I thought I'd included that it was for a possession order after section 8 expiring.

      I didn't continue on the original thread because the original is about squatters.

      We are posted abroad with the military and are half way through a 3 year tour.

      The grounds used in the section 8 are non payment of rent and anti social behaviour.

      Comment


        #4
        Which grounds of 8, 10 & 11? Has Tenant paid any more rent? Defence if offered likely to be disrepair, even if perhaps suspect
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          I'm away from home for a couple of days so haven't got the paperwork to hand but no, no contact at all received from the original tenant or the people she has allowed to live there after she buggered off, notice has been served to all known parties plus 'the occupants' and court documents are also in the tenants name and 'any other occupants' so everyone is aware of what's going on.

          Comment


            #6
            Muzza,

            Originally posted by theartfullodger View Post
            Which grounds of 8, 10 & 11? Has Tenant paid any more rent?
            ^^^^^^^^^
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            Comment


              #7
              No rent has been received at all since her last payment on August 13th.

              We are seeking under non payment of rent, anti social and threatening behaviour towards the neighbours (police reports have logged this as they have been arrested at the house ok more than one occasion for it) and the house was due to have essential refurbishment work carried out which can't be done because of this issue (I have written confirmation from the contractor to prove he was booked in and can't get access etc).

              Comment


                #8
                So in addition to 8, 10 & 11 there's also
                discrestionary grounds 6 & 14 from memory as I haven't for the paperwork to hand.

                Comment


                  #9
                  It's not tenant's responsibility to let contractor in & supervise them, it's for the landlord to be there to do so. Tenant appears to have done nothing wrong on that. You can ask tenant to help but he doesn't have to.

                  This refurbishment - is it a required repair eg leak in roof, or an improvement eg double glazing. You can't force through improvement, but have to fix repairs. Sorry but you or a manager need to be more proactive, being there.

                  Hope you are taking a specialist solicitor with you.

                  S8 but repairs/refurbishment issues I regret may well result in throwing out or delaying case. S21 safer if paperwork perfect
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    The only ground that really matters is the rent arrears (ground 8).

                    You need the tenancy agreement (first and current, if they're different) and a complete schedule of all rent due and all rent paid.
                    You need a copy of the notice and any evidence that it was served.
                    It will need to show that when the notice was served and on the court date, the tenant had more than 2 month's rent unpaid.
                    You will need evidence of the handling of any tenancy deposit taken.
                    Ideally, you would have some evidence of the condition of the property, as the tenant can claim that the property is in a state of disrepair as a defence against your claim for repossession.

                    You need three copies of everything (one for you, one for the judge and one for the defendant, if they attend)
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      As Artful suggests, forget about grounds, or attending court. That way will only lead to frustration. Just issue an s21 to original tenant and in due course apply for possession. Interlopers might well ignore stuff addressed to tenant, and you'll get possession without court attendance at all.

                      Comment


                        #12
                        Issue a section 21 now as a back up to a possible section 8 defended successfully. The original tenant is no longer at the property so it there is a good chance that will not attend the hearing and you will get possession on ground 8.
                        Any advice I give is my opinion and experience, I am as you also learning.

                        Comment


                          #13
                          The refurbishment work is essential works that need carrying out, the person she has left in there won't allow anyone into the property nevermind me, he's known to the police to be a highly dangerous individual.

                          Im not taking a specialist solicitor because I can't afford the 3k price tag.

                          Thanks for the advice, I just wanted to know about the actual court date, I've already provided 3 copies of everything to the courts but will take more and an updated rent schedule along with my bank statement to prove no rent has been received. I'll take the other proof I have to support the other grounds.

                          Comment


                            #14
                            Barristers can be cheaper.

                            Keep us informed of progress.
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Thanks! My Mums a senior housing officer for a council so I've been able to get a lot of advice from the pros there but as I've never been to court for anything I didn't want to turn up unprepared, to date the court haven't heard from the defendant. I'll update after court - thanks!

                              Comment

                              Latest Activity

                              Collapse

                              • Tenancy break up
                                Captain Birdseye
                                Hi hope someone can help with this situation.

                                Tenants have been with me for over a year and signed joint tenancy. Now on a periodic tenancy the lead tenant has given me 1 months notice to vacate the property due to relationship break down. The other person wishes to stay in the property...
                                26-05-2018, 10:49 AM
                              • Reply to Tenancy break up
                                Captain Birdseye
                                Yes but there is nothing to stop me issuing the other tenant a new tenancy? It may not be an ideal situation but i am starting to think of my options - best case scenario is rent from day 1. worst case scenario they refuse to leave and it takes me months to evict, then refurbish property, then re let....
                                27-05-2018, 17:12 PM
                              • Reply to Tenancy break up
                                DPT57
                                Just tell them they will all have to leave once she serves notice and explain the consequences if trespass if they dont leave. Once she has served the notice it cant be revoked so its out of your hands anyway
                                27-05-2018, 15:03 PM
                              • Attic conversion liability issues
                                Col13
                                Hi, I am new to the letting business, and have just come into possession of a terraced house that I intend to let rather than sell. The attic in the house I am about to let out was converted 35 years ago, without building control or planning. Its fine, but doesnt satisfy modern regs in terms of fire...
                                26-05-2018, 10:18 AM
                              • Reply to Attic conversion liability issues
                                DPT57
                                Tenants will be tempted to sublet the attic or AirBnB it. If you have concerns about the attic space then I would say this property is not really suitable for letting
                                27-05-2018, 14:59 PM
                              • Dispute with landlord over deposit
                                MarieMB
                                I have recently moved out of a property and requested my deposit back (£2000) from my landlord which has been protected in My Deposits scheme. I paid rent every month on time and gave him the correct amount of notice prior to moving out. I left the flat clean and received an email response from him...
                                13-05-2018, 20:47 PM
                              • Reply to Dispute with landlord over deposit
                                MarieMB
                                Hi all,

                                Thank you for all of your responses. They are very helpful.

                                Mariner, to answer your questions, it was a joint tenancy, I am listed as the lead tenant and it is my name on the deposit scheme. He took out the insurance option, which means he has spent the money. What...
                                27-05-2018, 13:10 PM
                              • Gdpr
                                serendipity129
                                Reading so much conflicting information.....I have 1 property, 1 tenant and I hols and electronic contract and have their email address, should I register and send a privacy notice?
                                24-05-2018, 09:43 AM
                              • Reply to Gdpr
                                JK0
                                Thing is, if that were the case, now the law is in place, it is too late to email anyone to ask for consent for future emails. ...
                                27-05-2018, 10:58 AM
                              • Reply to Gdpr
                                Stef Cooke
                                Rarely! And the number of large corporations who got it all wrong, some of whom are now trying to say they are sorry, can they take it all back?

                                I am holding off with the "I told you so's" for the more stridently convinced colleagues who were so rudely certain they had to ask...
                                27-05-2018, 10:14 AM
                              Working...
                              X