Please help after Possession Order & Money granted-Tenat refusing to move out

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    #76
    First of all - they're not playing around.
    They're being sued and so it's sensible to try and defend yourself - people will do what they can.

    You can respond to all of the points in the defence.
    You can send a copy of the LBA
    You can send a complete schedule of rent due and paid and examples of when you chased the tenant for it.
    You can send details of the damage etc and how you priced the compensation due to you.
    You can send a copy of the Guarantors agreement.

    I'd suggest that you agree to mediation, which is a step before court action.
    It's pretty automatic, delays the actual court hearing but it shows the judge that you're willing to seek a sensible solution if only the other side weren't so darn unreasonable.
    Unless the other side offer something acceptable it's not likely to succeed.

    You want this to use the small claims track, yes.

    The expert witness question is no - you're not.

    I don't know what D3 is, so I can't respond to that.

    The main thing is to be as brief and dispassionate as possible.
    This is a business.
    Some people owe you money, which is regrettable, but you're now asking the courts for assistance as a last resort because they're, unreasonably, refusing to meet the commitments that they made.
    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).

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      #77
      As always, jpkeates hit it on the head perfectly on what you should include in your Reply to Defence which you need to return to the court with the DQ plus you need to serve a copy of both documents on the defendants.

      The only point to add - don't be surprised if the mediation service tries to bully you into a compromise. They have targets to reach on settling cases. Mediation might be where the guarantor (if they have seen the evidence they requested) actually give up, but it's unlikely. Just stand your ground and then the claim goes back to court for a hearing.

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        #78
        jpkeates,

        Thank you, I have made a note of those points.
        ​​​​​​Question D3- is referring to if I had any witnesses.
        The estate agent is writing a statement explaining the guarantor checks and every document signed. Y the guarantor to confirm that the guarantor was given the guarantor agreement and has a copy too.

        I will ensure I am brief and dispassionate. Thank you.

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          #79
          ChrisDennison,

          Thank you very much for that and clarifying what could happen at mediation.
          I will remember these points as I engage with all parties.

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