Possession hearing

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    Possession hearing

    I am a LL and am due to attend a Possession Hearing on one of my properties in March
    Would appreciate any information on what I need to take with me and what to expect when I get there
    Thanks

    #2
    What notice has triggered the possession claim?
    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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      #3
      Served a Section 8 due to rent arrears.
      Bit of an unusual situation (I think) Tenant was moved by Social Services due to domestic violence. Rent was being paid by Universal Credit for a while then ended. Managed to track tenant down and provided letters for her to sign to end the tenancy which she never did. The only contact I have with her now is via FB messenger and she only replies when she feels like it.
      Has told me on FB that she has no intention of coming back and I can dispose of her belongings she left behind. Gave her notice that I was going to do this and put notices at the property to that effect. House is now empty but in a bit of a state. Not much chance of getting her to pay for repairs as she is on benefits and bailiffs are chasing her for other debts just want the tenancy ended so I can get it back on the market

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        #4
        The two I have done were quite informal - the tenants didn't show up so I had to wait quite a while as they give every opportunity for them to arrive late.

        I was shown into a room with the judge sitting at a big table and offered a seat on the other side of the table. The judge looked at the paperwork briefly and said "So you are seeking a possession order for your property" I replied "Yes Judge" (not sure if that was the correct way to address him) the judge flicked through the paperwork and said "This seems to be in order I will grant possession, you will hear from the court shortly". All over in a couple of minutes.

        The rules I was told were to let the judge run the hearing, answer questions shortly, without emotion and never interrupt even if the tenant comes out with a pack of lies - you will be given a chance to respond.

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          #5
          If the tenant turns up to defend the possession order, you would need to be able to show that the grounds in the notice were made out, so a schedule of rent due and rent owed would be helpful.

          If the tenant doesn't turn up, the chances are the judge will just grant the 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).

          Comment


            #6
            Thanks for both the replies. Don't think for a minute that the tenant would turn up so hopefully it will be pretty painless (apart from the costs of the Court fee and the damage!!!)

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