Section 8 Court Order - Can anything go wrong?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Section 8 Court Order - Can anything go wrong?

    Folks,

    If a tenant owes five months rent (just over £4000) and is due to appear in court, will the possesion order be awarded for certain or can the tenant put in a defence and delay proceedings?

  • #2
    I assume you have served a valid section 8 notice and cited grounds 8,10, and 11.

    It is possible for the T to pay enough off the arrears so that less than 2 months rent (or 8 weeks) is owed as at the date of the court hearing. If this happens then there is no mandatory ground (ground 8) and you have to rely on grounds 10 and 11 which are discretionary - so the J might not award possession.
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


    • #3
      A number of things can cause problem:
      1 No or incorrect proof of service
      2 N5 & OR N119 form filled out incorrectly
      3 Tenant takes arrears below 2 months before or at hearing
      4 If there are repairing issues it can cause problems
      5 The full wording of the grounds no given to the T with the section 8
      6 Not allowing a extra 2 days for serving the notice on top of the 14 days stated on the section 8 regarding "Court proceedings will not begin until after"

      I am sure there are others but cant think of any more at this stage.

      Comment


      • #4
        It's all being handled by a solicitor so I'd hope that none of the above will be an issue.

        There is no chance of the tenant paying any money so thats covered.

        If he were to put in an appearance and make alligations of harassment (unsupported) are the courts wise to people buying themselves more time?

        Comment


        • #5
          Originally posted by auto_detail View Post
          It's all being handled by a solicitor so I'd hope that none of the above will be an issue.

          There is no chance of the tenant paying any money so thats covered.

          If he were to put in an appearance and make alligations of harassment (unsupported) are the courts wise to people buying themselves more time?
          Irrespective of allegations, g8 is mandatory- Court cannot adjourn nor can it delay issue of an immediate binding Possession Order. See below, where I've pasted extracts from 1988 Act with added underlining.

          9. Extended discretion of court in possession claims.

          (1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy...

          (2) On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may:
          (a) stay or suspend execution of the order, or
          (b) postpone the date of possession,
          for such period or periods as the court thinks just.

          (3) On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit...

          (6) This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house:
          (a) on any of the grounds in Part I of Schedule 2 to this Act; or
          (b) by virtue of subsection (1) or subsection (4) of section 21 below.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Just my two pennorth, but if the deposit is protected take along the details. LL recently had a problem in that they went to court to get posession due to non-payment of rent. Tenant claimed they hadnt received any notice of it, Judge refused to grant possession on the grounds that LL may owe the T more money than she does him (due to the 3x claim), LL argued this was irrelevant, but was told it was very relevant.

            Judge initially said to be back in court within 14 days, upon phoning the court last week it was found that the judge had set a date for 7 weeks time, meanwhile the tenant gets to keep on living there.

            So I urge everyone to make sure they have those details to hand!

            Comment


            • #7
              It is to be hoped that the authoritative voice of your solicitor in court will keep the judge on the straight and narrow. They can and do (possibly for their own amusement) run rings around self representing landlords who naturally assume that a judge understands and will impliment every facet of the law correctly. This is regrettably not the case (they are human after all) and a legal professional, representing a landlord should have the authority to refer the judge to the appropriate passage of the housing act if his memory and thus his interpretation of the law concerned is failing.

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment


              • #8
                Ah that explains it.
                http://www.landlordzone.co.uk/forums...75&postcount=5

                Comment

                Latest Activity

                Collapse

                • Help re flatsharing legal position!
                  CatherineCarr
                  Hello, I moved into a friend's flat when she moved out of London last year. It was agreed that I would pay market rate, would not need to pay a deposit, be able to bring various items into the flat, work from home, have a certain amount of storage etc.etc. I was also to share with my friend's then...
                  24-07-2017, 13:18 PM
                • Reply to Help re flatsharing legal position!
                  CatherineCarr
                  Many thanks. It is only a verbal agreement (like so many flatsharing agreements are) with two months notice either way and that I would be given certain storage (some of which the Hungarian has nabbed), that I would be able to work from home, get a cleaner and bring items into the flat ie television...
                  24-07-2017, 13:56 PM
                • Reply to Help re flatsharing legal position!
                  MrShed
                  The only thing that matters is your contract. What contract do YOU have (not what Emma has signed with someone else)?
                  24-07-2017, 13:43 PM
                • Non- protected deposit, and disputes
                  Stybdmy
                  Q1 – Where is the rented property located? England

                  Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

                  Q3 – What date did current TA start 01/11/2016

                  Q4 – How long was initial fixed term 6 months
                  ...
                  24-07-2017, 12:25 PM
                • Reply to Non- protected deposit, and disputes
                  MrShed
                  Unfortunately (I know its not going to be what you want to hear), I suggest you will have to chalk this one up to experience. Without an inventory you are up the proverbial without a paddle I'm afraid. In the grand scheme of things the damage you have described is very slight (bar perhaps the carpet)...
                  24-07-2017, 13:04 PM
                • Landlord: When will I get a bailiff date?
                  mlsmith
                  I'm so sorry if this has been asked before, but for some reason I am unable to search the forum as it's not bringing up any results.

                  I know the eviction date will vary depending how busy the local courts are. My local court has indicated 6-8 weeks.

                  My solicitor submitted a...
                  24-07-2017, 12:04 PM
                • Tenant's energy debt.
                  Gordonmrln
                  I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
                  20-07-2017, 22:08 PM
                • Reply to Tenant's energy debt.
                  jpkeates
                  The deemed contract is with the owner or occupier and commences when gas is supplied.

                  There's no obvious hierarchy of owner/occupier and, while there are references elsewhere to the owner being liable for things when the property is unoccupied, that isn't reflected in the deemed contract...
                  24-07-2017, 11:47 AM
                • Reply to Tenant's energy debt.
                  MrShed
                  Poster - I dont think theres anywhere to "go from here" until you get the letters sent off to the debt collection agency and to EON in line with my post somewhere above - as you arent the executor simply remove that part. But fundamentally they still need to know about your wifes passing and...
                  24-07-2017, 11:28 AM
                • Reply to Tenant's energy debt.
                  MrShed
                  JPK - it doesnt matter what the incentive is or was, the deemed contract is with the occupier, not the owner - unless there is no occupier. As such, if it can be demonstrated that someone else was living in the property the debt is with them, regardless of what EON may like....
                  24-07-2017, 11:25 AM
                Working...
                X