Tenant handed keys back before court date

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    Tenant handed keys back before court date

    My tenant hasn't paid rent since February due to an accident and then Covid19 and I served a section 8 on 25 March. As the courts weren't touching anything for 3 months I've just paid the £325 via PCOL last week to start the possession proceedings and money claim for several £1000s.
    I've been polite but firm with the tenant and received an email from him saying he will be moving out as he has another house to rent!!
    He was going to delay the move as he said he hasn't got any money to pay someone to take the stuff he doesn't want to the tip. I told him not to worry Ill do it for him (as a favour!!) just to get him out and get the property back.
    I have yet to get a court date but low and behold the tenant posts the keys back to my estate agent today.
    So my question is; will I still need to go to court when I get a date and how do I issue the court to get a judgment for the rent arrears? He has admitted he owes me the money and I've followed all guidelines to the letter and more.
    I do have his bank details and his old employer address who I think he is going back to work for.

    #2
    You would need the possession order to be concluded, so that you get the judgement, once the judgement happens and payment hasn't been received by the T, then you can go for enforcement of the order and raise a CCJ against them.

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      #3
      Personally, I'd contact the tenant to agree that they have surrendered the tenancy and that it has now ended.
      I would then use the small claims process to sue them for the rent arrears (and cancel the possession claim in a few weeks).

      The small claims process is simpler and any judgement will automatically be registered (which is not the case with a possession hearing).
      Any judge in the possession case will be critical if the case is completely pointless.
      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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