Accelerated possession order confusion

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    #31
    I got the call back from the court this morning, it seems my email and letter had been ignored because it was thought that the matters I had raised would be considered at the hearing on 3/5/22 despite the fact that the point I was making was that that the hearing was not necessary and it was to review a PO that's notice period had expired nearly two months previously.

    Whatever point I made the answer was "I can't tell a judge they have made a mistake" or "the judge will consider that at the hearing". It seems I have no choice other than to attend the hearing and hope I do not get another idiotic outcome.

    The court system is a real mess and there is no way of complaining about it!


    Last edited by davetg; 25-04-2022, 19:48 PM. Reason: typos

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      #32
      I had a letter from the court today, my point that the PO notice could only be extended to a maximum of 42 days (a date that was several weeks ago) was put to a judge who agreed that this was correct but they declared that the hearing on 3/5/22 would go ahead anyway.

      Doing some research on exceptional hardship the only examples I can find are illness, pregnancy and children does anyone know of any others?

      The tenant never asked for this hearing but had mentioned in her N5B defence that she was a single unemployed mother with mental health problems.

      I suspect the best thing to do is not to try and argue against anything she says and risk the chance of an adjournment.

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        #33
        Exceptional hardship is a high test - and pregnancy isn't normally enough.
        About to give birth might be if the judge sympathises.
        Illness and children aren't usually sufficient, either.

        It's not because the courts inhumane - the only thing that the court can do is extend the shorter than 42 days period to a maximum of 42 days.
        And, after that, the tenant is going to be evicted - so for most serious conditions, a few more days isn't going to make any real difference.

        The "single mother with mental health problems" issue should have been considered at the original hearing.

        Is it possible that something's gone catastrophically wrong and the tenant's mental health has collapsed to the point they're in crisis.
        If so, they could request a breathing space in certain circumstances - but a mental health crisis isn't trivial.
        It's not something someone can just claim, they have to be diagnosed by someone competent and it would normally mean they were in care somewhere.
        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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          #34
          I was an accelerated section 21 so there wasn't a hearing, it was the judge who decided there should be a hearing at the same time the PO was granted,

          It sounds like it is quite hard to argue exceptional circumstances it will be interesting to hear what if anything she claims.

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            #35
            Originally posted by davetg View Post
            It sounds like it is quite hard to argue exceptional circumstances it will be interesting to hear what if anything she claims.
            If it wasn't for the fact that you have a hearing for some reason, I'd have assumed it was impossible after 42 days had elapsed, because that's that maximum it can be - as far as I know.

            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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              #36
              Originally posted by jpkeates View Post
              If it wasn't for the fact that you have a hearing for some reason, I'd have assumed it was impossible after 42 days had elapsed, because that's that maximum it can be - as far as I know.
              The whole thing is ridiculous;-
              1) I agreed to 42 days without a hearing.
              2) The tenant never asked for a delay or explicitly claimed exceptional hardship.
              3) The Ministry of Justice court rules say any hearing to extend a PO must be held before it expires.
              4) A judge agrees 42 days is the maximum notice but still wants a hearing.
              5) The court has already granted a warrant to execute the original PO.
              6) The court doesn't respond to or even acknowledge receipt of emails or letters.
              7) If I hadn't voluntarily waited 42 days she would have been evicted a couple of weeks ago.

              i may find out more on Tuesday but my fear is that as logic, rules or the law don't seem to apply to judges the original PO will be cancelled and a new 42 day expiry one issued.

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                #37
                I had the exceptional hardship hearing yesterday, tenant didn't turn up so the application was rejected - I can go ahead with the bailiffs appointment in a couple of weeks.

                The judge informed me that when the PO was granted the original judge had specified that the exceptional hardship hearing should be heard within 14 days but the court officials had missed the instruction when the hearing was scheduled. She also said that my email and letters had not been actioned which was why the hearing was taking place. The covid backlog was blamed for all the mistakes.

                It was interesting that since my last court appearance 6 years ago all bags and clothing are now searched and you have to pass through an airport style metal detector, there were 3 security guards - I wonder if people are taking their frustration at the system on the court officials.

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                  #38
                  Last time I went to court was a few years ago and there was airport style security and bags were searched (but not clothing).
                  That was in the centre of Birmingham, though.
                  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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                    #39
                    I have finally got the property back, bailiffs attended yesterday and completed the process. Tenant had left the night before and left the key with a neighbour. Property is dirty, full of rubbish and the garden overgrown but has not been deliberately trashed.

                    The whole process took a few days under 9 months. Without the extra 2 month covid notice period and the court mistake that cost 1 month it would have taken 6 months which considering the court backlog is no too bad.

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                      #40
                      Well done davetg , nice to know that things work as they're meant to eventually, even though everything takes longer than it should.
                      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


                        #41
                        Aye, well done, at least not a trashing...!!
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                          #42
                          If there's any arrears or excess damage which the deposit wont cover, make sure you get a CCJ against the T, that way you get some justice and other LL's don't provide accommodation to them in the future.

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                            #43
                            ash72 I was debating getting a CCJ for the £3,000+ she owes in rent on the drive home yesterday. I had come to the conclusion she has enough problems at the moment and spending £205 on court fees with the knowledge I would never get it back was a waste of time and money however I have just heard she has been kicking the door of one of the neighbours and threatening her for making her homeless so she will now be adding a CCJ to her CV.

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