N5 and N119 Served - Advice Please

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    N5 and N119 Served - Advice Please

    Dear All,
    Please may I ask for your help?
    A section 8 notice was served to our tenant - she is approximately £1500 in rental arrears.
    I have submitted the N5 and N119 notices via PCOL - I note that the tenant has not served a defence within the 14 day timeframe.
    Can I do something here to push the matter along? The court hearing date is set to 19 February 2019 and she is making no attempts to make payment.
    In addition to this - she has complained since November 2018 that the boiler is not working. We have purchased a new boiler and we have made 2 attempts to fit, but she does not let me and the engineer into the property (we have her at least 24-48 hours notice each time) - I need to help the engineer lift the boiler up the stairs as she lives in a flat. We are concerned that the property may be damaged as a result - are we able to inspect the property whilst we are filing for a possession order? We have contacted her, via text, but she says that this is harassment and has also made threats to us in the past.
    Any advice here is appreciated.
    Many thanks, Vijay.


    #2
    You can’t speed things up.

    She’s possibly hoping to use the boiler issues as a defence, so make sure you keep trying to fit it, and take evidence of all your attempts to court (3 copies, large font).
    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


      #3
      Originally posted by VPatel2707 View Post
      Can I do something here to push the matter along? The court hearing date is set to 19 February 2019 and she is making no attempts to make payment.
      No.

      Originally posted by VPatel2707 View Post
      In addition to this - she has complained since November 2018 that the boiler is not working. We have purchased a new boiler and we have made 2 attempts to fit, but she does not let me and the engineer into the property (we have her at least 24-48 hours notice each time)
      Make sure you have evidence of this and bring it with you to the hearing, in case she turns up and claim disrepair as a defence set off against the arrears.

      Originally posted by VPatel2707 View Post
      I need to help the engineer lift the boiler up the stairs as she lives in a flat. We are concerned that the property may be damaged as a result - are we able to inspect the property whilst we are filing for a possession order?
      In accordance with the explicit and implied terms of your contract on rights to inspection, yes. But there's not a lot you can do if the tenant refuses you access. Again, keep records and evidence of such in case of a disrepair claim.
      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.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        The engineer should not be letting a potentially untrained and uninsured person assist moving heavy equipment.

        Comment


          #5
          Thanks for the info guys - extremely helpful.

          Do you think it's worth me submitting a witness statement to the Court before the hearing takes place?

          Comment


            #6
            Originally posted by VPatel2707 View Post
            Do you think it's worth me submitting a witness statement to the Court before the hearing takes place?
            It's irrelevant to your claim for possession on the grounds of rent arrears unless and until the tenant counterclaim for disrepair. Just take copies with you.
            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.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment

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