Stuck in limbo

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    Stuck in limbo

    Hello Landlords!

    Like many of you here, I issued Section 8 and Section 21 before Covid. (I used Legalforlandlords) The case went to court but got adjourned when the tenant claimed the boiler had not been repaired for years which was not true The court advocate sent by legal for landlords did a poor job an then I found out she was moving into a different job that month... The tenant never provided any proof or contacted court with more information.

    The tenant never paid any money even though if it was required by the judge when the case got adjourned. I assume the next hearing will be to issue a possession order, or will they give the tenant more chances to protest/make up stuff?

    I have asked Legalforlandlords to explain the next steps but they are simply not good so here I am seeking help. The tenants owe 14K rent. He is self-employed, she has a normal job. Will the judge issue a CCJ during the possession hearing or do I have to follow another process to recover my money? If so what do you suggest I do? What are the chances of me recovering any of my losses?

    Thanks!!

    #2
    If the hearing is based on a s8 notice for rent arrears, the court will make a ruling about the debt as part of the hearing.
    Unlike a small claims court or county court debt hearing, the judgement is not automatically registered as a ccj and you have to (try and) get the court to do that.
    In some cases, that requires you to escalate matters if the tenant doesn't pay.

    If it's a s21 hearing under the accelerated route, the court won't make a ruling on the debt.
    If it's a s21 hearing under the non-accelerated route, the court can be asked to make a ruling.

    The court will always allow the tenant to defend the possession order.
    Section 21 notices are more difficult to defend if they are served correctly (there's no defence for disrepair available for example).
    But you have to be very careful not to make a procedural error, because there's no margin for error in the process.

    Realistically your chances of recovering the debt depend on how much money the tenants have or can earn in a reasonable time frame.

    For your mental well being, it's better to focus on what you have actually lost, not what you haven't managed to earn.
    If the property had simply been empty, for example, how much would you have actually been out of pocket?
    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
      Thanks for the information jpkeates. We issued both sections 1 or 2 weeks apart but I believe its section 8 based hearing. I will clarify with LegalForlandlords and find out what´s required for the CCJ and if the Court advocate can´t do it on my behalf. (I live outside the UK and can´t travel due to Covid).

      On another note and out of curiosity, I know courts are not proceeding with any eviction cases until the end of August but why are they not issuing hearing dates in the future? Are they going to wait for the end of August and try to schedule all of them at once? At this rate I´m going to have to wait until next year for a hearing

      Thanks again! Much appreciated!
      GCUK

      Comment


        #4
        The government has said that they want to "encourage" (force) landlords and tenants to engage with each other before hearings resume to see if alternate ways of moving forward can be found.

        Everyone's waiting to see what that means in practice.

        There's an opportunity for someone to prioritise the hearings - where there are notices served prior to the plague, it's unlikely that Covid 19 has anything to do with the situation, so they should, probably go first, but the housing minister is a bit of a plank, so who knows what will actually happen.
        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

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