Rent repayment order and deposit penalty

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    #16
    Originally posted by AndrewDod View Post

    And I'm from planet Zog
    I am genuinely curious as to why you think otherwise. At the end of the day, landlords do regain possession of their houses/flats eventually and they do get money judgements. Just because the timeline might not be in the landlord's favour, it does not mean that the tenants are winning. They will have to move out at a certain point when they have exhausted all avenues and they will have that dreaded CCJ which impairs credit.

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      #17
      Originally posted by MW1985 View Post
      At the end of the day, landlords do regain possession of their houses/flats eventually and they do get money judgements.
      You think that Eh. Maybe that's your problem -- often case it 20K of non-recoverable debt or theft. And who needs a few years of stress and the heart attack to go with that.

      Don't think the CCJ is much dreaded at this point.

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        #18
        75 to 80% of possession claims result in a possession order.
        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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          #19
          Originally posted by jpkeates View Post
          75 to 80% of possession claims result in a possession order.
          Possession stats at the moment;

          https://www.landlordzone.co.uk/news/...ession-claims/
          During these three months the totals were 2,022 claims, 658 orders and 268 warrants were made, although these cannot be progressed to bailiff repossessions at this time.

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            #20
            Originally posted by boletus View Post
            Up to date possession stats;
            But they're meaningless because of the pandemic.
            There were no possession hearings at all after 27 March.

            And 3022 claims is a fraction of the normal volume.

            My 75-80% is based on recent but normal times (2017 through 19).
            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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              #21
              Originally posted by jpkeates View Post
              But they're meaningless because of the pandemic.
              There were no possession hearings at all after 27 March.

              And 3022 claims is a fraction of the normal volume.

              My 75-80% is based on recent but normal times (2017 through 19).
              The context wasn't historical but "at the moment";

              Originally posted by MW1985 View Post

              I know most of the posters on this board are landlords and repeatedly say that it is a tenant's playground at the moment, but I must also say that when issues and cases progress to court, eight times out of ten, courts side with landlords, unless the infractions are mountainously egregious.


              At the moment, three times out of ten, courts side with landlords. Or 33% of possession claims result in a possession order if you prefer.

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                #22
                https://www.landlordlawblog.co.uk/20...newsround-164/
                I spoke to a solicitor recently who told me a Judge had admitted to her that they would be throwing out (possession) cases on the slightest opportunity.

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                  #23
                  Originally posted by boletus View Post
                  The context wasn't historical but "at the moment"
                  The figures being cited are for April to July 2020.
                  They are not representative of 2020 generally - from January to June the number of orders to claims is 72%,
                  still more than 2/3rds.
                  For the 12 months to June 2020, it's about 77%.

                  At the moment, three times out of ten, courts side with landlords. Or 33% of possession claims result in a possession order if you prefer.
                  The courts weren't sitting at all for the entire period being cited, so, equally, not a single case was found in favour of the tenant.

                  There's some sort of issue with the stats, though.
                  If the courts weren't sitting, which they weren't, the number of possession orders should be zero, unless they're taking a long time to process and using the date issued not the date decided.
                  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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                    #24
                    The date on an order should be the date it were made, even if it take the courts months to type up and send to the parties. That said, I wouldn't necessarily be surpised if stats goes with the date they are eventually send to parties.
                    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.

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                      #25
                      Hi all,thanks again for the replies,and some interesting points. The locks have been changed for peace of mind,and I’ll put the original lock back when I move out.

                      The landlord wants a cash for keys deal as he wants the property back within the month. He’s not made any kind of offer still. What could I reasonably expect to receive or ask for? He’s refused a reference for my next tenancy. Any advice would be appreciated!

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                        #26
                        Well since you're in the position of power, I would make the reference non-negotiable or no deal. I can't advise on the amount. How much is the inconvenience worth, (assuming you can find somewhere else)?

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                          #27
                          I’m looking at having to take time off work unpaid to get things packed up and cleaned up as I’ve got no leave left this year,if he wants the property back within that time. It’s a huge inconvenience having to move before I’m ready. The intention was to stay as long as possible until I could buy a house but that is off the cards for now. There is a lack of suitable properties available as I’ve got work and schools to consider and the only option for now would be a bed and breakfast with my possessions going into storage,which is something I really don’t want to do.

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                            #28
                            Well, don't do it then... You're in the position of power here. Good reference, full deposit back (notwithstanding penalty), deposit + first months rent for the new place?

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                              #29
                              Originally posted by Itsamoopoint View Post
                              He’s refused a reference for my next tenancy.
                              Seems very odd behaviour for a landlord wanting their property back.

                              Comment


                                #30
                                It does - I thought a positive reference would be a given,seeing as he’s so desperate to get his property back. It’s going to be a dealbreaker if I can’t get one, especially as I’m still trying to work out what I’ve done wrong for him to behave like this in the first place.

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