Possession hearing

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    Possession hearing

    Hi guys

    i have tennants who owe me 6 months rents, and stopped paying and won’t hand the key back, served section 8 and 21, court hearing in few months,

    Never been to court, so after some advice, do I need to take evidence I.e texts to show me chasing for rent and not paying it.

    Looks like these tennants knkw how to play
    the game.


    I am concerned they may destroy the building and say I don’t repair it, there was nothing wrong with property, always service boiler etc

    If they destroy the property I don’t think this is covered under buildings insurance

    any tips and advice will be appreciated

    #2
    Documents
    Proof of deposit in fund
    Proof of PI given
    copy of gsc
    copy of epc
    Proof above docs supplied to tenant at appropriate time
    copy of TA
    Schedule of rent payments and bank statements for the whole period of the tenancy to prove payments made and payments missed
    copy of the s21 and s8 documents
    details of when the last property inspection took place and findings
    copy of inventory
    written schedule of communications with tenant

    Providing all statutory requirements are fulfilled, and the s21 was served correctly, the dj cannot refuse the possession order, so be prepared to argue if there is an attempt to adjourn for whatever reason, and take a copy of the statute with the approprriate section with you.

    It's a good idea a couple of weeks before the hearing to put a letter through the letter box giving 24 hours notice that you will be carrying out a property inspection. Do it in the daytime and take someone with you and photos of any damage and property condition. If they refuse you entry at least you tried.

    Comment


      #3
      Do the inspection before serving any Notice or letter, and take an Ind witness.

      Comment


        #4
        Great info guys, I will start preparing the above.

        In terms of damage, say for example they breAk down the walls, cut the joists to the first floor , rip sealing down , etc etc, can the police Assist with this

        Comment


          #5
          Originally posted by Jon66 View Post

          Providing all statutory requirements are fulfilled, and the s21 was served correctly, the dj cannot refuse the possession order, so be prepared to argue if there is an attempt to adjourn for whatever reason, and take a copy of the statute with the approprriate section with you.

          .
          I'm impressed with your reply Jon. What do you do if judge remains stubborn though? Refuse to leave the court room? He'd call security to kick you out, wouldn't he?

          I've only argued on paper.

          https://forums.landlordzone.co.uk/fo...culous-judges=

          Comment


            #6
            Only 2 n's in tenant.
            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


              #7
              Take the appropriate section of the law with you, which clearly states a possession order is mandatory. That type of argument tends to work.

              Comment


                #8
                Originally posted by JK0 View Post

                I'm impressed with your reply Jon. What do you do if judge remains stubborn though? Refuse to leave the court room? He'd call security to kick you out, wouldn't he?
                I suppose the only thing one can do is advise the Judge that he is wrong in law (because statute says...) and you will seek to appeal his decision.

                Comment


                  #9
                  Originally posted by Ash-uk View Post
                  Great info guys, I will start preparing the above.

                  In terms of damage, say for example they breAk down the walls, cut the joists to the first floor , rip sealing down , etc etc, can the police Assist with this
                  There have been successful criminal damage (vandalism) cases on this basis: https://www.lettingaproperty.com/lan...nal-by-police/

                  What may be difficult is getting any insurance money, so you will have to sue them in civil court.

                  Mydeposits also seems to suggest such damage is a criminal matter.

                  Comment


                    #10
                    Originally posted by MdeB View Post
                    I suppose the only thing one can do is advise the Judge that he is wrong in law (because statute says...) and you will seek to appeal his decision.
                    You don't ever tell a judge that they're wrong.

                    I'd suggest that you say very politely that you were hoping to rely on [whatever]...

                    It's hard to imagine that a judge in a housing court won't know that ground 8 is mandatory (you have to include the text on the court paperwork for a start).
                    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
                      Jon66 also missed "How to Rent" off his list

                      Comment


                        #12
                        Originally posted by jpkeates View Post
                        You don't ever tell a judge that they're wrong.

                        I'd suggest that you say very politely that you were hoping to rely on [whatever]...
                        'Yes sir, I was hoping to rely on section 21 of the 1988 Housing Act, (given that that is the title on the f***ing papers you have in front of you.)'

                        Comment


                          #13
                          There have been one or two posts on here where the judge has adjourned rather than grant the PO which is wrong so they are around. Yes forgot the how to rent, thank you!

                          Comment


                            #14
                            Yes, I was one of those posts and I did not have a nice experience with my Section 8 claim based on rent arrears.
                            The court was provided with some relevant documentation prior to the hearing e.g. witness statements, proof of rent arrears, AST etc., My solicitor arranged this, but there was some sort of cock-up either by my solicitor or the courts system, which meant that the judge did not have all the documentation at the appointed time and as a result the hearing was delayed by an hour. The Possession Hearing itself was only allocated 5 minutes on the schedule (quite ridiculously short - should be at least 20mins.) and the judge was clearly irked by the delay and probably it was past his lunchtime.
                            For me, being in court for the first time was very intimidating even with the presence of my solicitor. The whole 5 minutes hearing were virtually spent listening to the defendant's sob story, but she was clearly well versed in court appearances appearing confident and being very respectful and deferential throughout. Shockingly for me (and my solicitor), the judge decided to adjourn the case for 2 weeks on the basis of promises by the defendantthat the rent would be paid as soon as her benefit claims were processed
                            (all lies as it turned out)
                            . My solicitor (who appeared to be just as intimidated and nervous in court as I was), was unable to object coherently and it was all over in a thrice. The solicitor later excused his performance saying basically that the judge "had it in for us", so there was no point in protesting. Well I thought, philosophically, at least 2 weeks isn't so long, not realising until later, that this would actually mean a 4 month delay due to the court case backlog at the time.
                            My advice is that you need to be super organised with your documentation ensuring it is all present, correct and in triplicate (don't rely on your solicitor for this) as the judges have very little time and won't stand for any nonsense.

                            Comment


                              #15
                              Further to my earlier post

                              the tennants have knocked a wall that supports the exterior roof for a bay fronted roof

                              in th garden I can see they have ripped the toilet out and and windows

                              possessing hearing is 1st is may

                              they are gona destroy the house that is beyond imagination

                              I called the police and they advice
                              me to go down 29tb April to make statement

                              Can
                              the council assist me as they have knocked the wall down.?

                              I have Churchill landlords building cover , will that cover
                              me
                              if house is destroyed

                              is there anything I can do to stop them

                              Comment

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