Possession claim 'struck out' what can i do next

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    Possession claim 'struck out' what can i do next

    I filed a section 8 notice (correctly i believe) then a possession claim on line. The court hearing was 6th Dec - in stupidity or naivety having had no experience with the law before, i did not realise i had to attend the court hearing for a straightforward case of rental arrears (tenant owes £3000 rent for £515 per month due.... i have tried to support her a lot with time allowances and information support... she has no job etc but is getting into worse debt as time goes on, i have mortgage to pay etc).

    The case has been struck out. i understand from phoning the county court that i can try a form N244 to try to reinstate the hearing for a further £255 (painful). I am really nervous of getting this wrong again.... i am now understanding how tricky it can be to get these applications right. 'Notes for guidance N244' help but ....

    am i putting in all the info and evidence about why she should leave the property or am i just completing N244 as to why i am asking them to reinstate my case? Plus i don't have very good mitigating circumstances as i just plain didn't realise i had to turn up / thought i would get further info requesting this. Any advice on how to proceed? i get the feeling if i muck this one up i don't get another chance to get the tenant out?

    #2
    I might be more cost effective to start a new S8 - see what others think. Yes you do have to attend court with all your paperwork in order.

    If you carry on with the re-instatement just be honest like you have here saying you totally got it wrong and now need to get it right.

    S21 when issued correctly is the other way to remove a tenant but that is more long winded and as long as the property is in good repair I would go with the Section 8 as the rent debt is so high. Is it in good repair? This is the main reason that S8 cases fail.



    Freedom at the point of zero............

    Comment


      #3
      hi thanks. No the tenant has not looked after the property but it is only a studio flat so not too huge to repair - she has been in there sometime so it would have needed a re paint anyway, but also new carpet, radiator etc. i am not expecting to get the rental arrears or any repairs money from her, i just want her out, hence the S8 route... there is a deposit of £600 that i would think i will get.

      so if i start a new s8 i have to reissue it to the tenant, wait the 2 weeks and then file a new PCOL right? i can't just file a new PCOL ?

      Comment


        #4
        S21 if at all possible IIWY.

        Comment


          #5
          Originally posted by lislog View Post
          hi thanks. No the tenant has not looked after the property but it is only a studio flat so not too huge to repair - she has been in there sometime so it would have needed a re paint anyway, but also new carpet, radiator etc.
          The point is that the tenant can, for example, claim that they haven't paid rent because the property is not in good repair, which can mean you don't get awarded possession or the case is delayed for reports etc.
          See the link...
          There are dangers with using the Section 8 possession claims under the Housing Act 1988 which are not always apparent to landlords and agents.

          Comment


            #6
            Originally posted by Ted.E.Bear View Post

            The point is that the tenant can, for example, claim that they haven't paid rent because the property is not in good repair, which can mean you don't get awarded possession or the case is delayed for reports etc.
            See the link...
            Largely depends whether the tenant defends. If they do, it will probably be with assistance from the local council or left-wing organisations such as Shelter. IF this happens, the chances are the "disrepair" will be exaggerated at best or otherwise completely untrue! You have been warned.

            Comment


              #7
              ok thanks everyone, i really appreciate the input. I dont think she will try to defend (she didn't turn up to the original court hearing ) but of course you never know.

              if i start an s21 do i have to wait for any time period, for example for the s8 to expire ? i understood in the beginning of my quest that once you start down a route (s8 or s21 ) you can change tack??

              Comment


                #8
                Pretty sure you can issue s21 and multiple s8’s all at
                once, because until you actually “activate” them they’re just a threat. Issue the s21 and s8’s and whichever comes first then go with that.

                Comment


                  #9
                  Waiting time for an S21 is two months... I'd try to get the hearing reinstated / reheard if at all possible and just 'fess up to not knowing. The PCOL system and the supporting info are bloody awful and their 'helpdesk' a waste of time. Best of luck, I have a hearing in Feb...

                  Comment


                    #10
                    Id try and get it reinstated, if she didnt show the first time or make arrangments to pay its unlikely she will the second time, I recently had to fly back from the US to attend court on a section 8 and was in and out in 15 minutes - good luck to you.

                    Comment


                      #11
                      Just a general question here - Generally if you want a solicitor to go and do the court representation on a straightforward section 8, does anyone have an idea of the rough fees they usually charge for doing it? I am out of the country and want to file a section 8 but I would have to fly back just for the court appearance, I'm wondering what the ballpark figure might be for a solicitor doing it instead? Thanks

                      Comment


                        #12
                        harrismix,

                        My Mum was a solicitor and charged around £150 an hour (retired a good few years ago now though).

                        Probbaly cheaper getting a flight home!

                        Comment


                          #13
                          Solicitors' guideline hourly rates. That's not including VAT, so add 20% to that.
                          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.

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