What to expect at court tomorrow??

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    What to expect at court tomorrow??

    Going to court tomorrow to try to obtain a posession order for our property.
    We chose to use Landlord Action for this step as well as using the notices due to our inexperience (probably a mistake in retrospect, as it took them an excessive amount of time to get a court date, whilst telling us 'these things take time'. When contacting the court directly more than 6 weeks after instructing LA to take step 2 the court still had not received an application for a court date - and we got a date 2 days after bringing the delay to LA's attention...).
    Anyway, the legal representative will be there, but they have said I need to attend too.
    What should I expect tomorrow?
    What should I take with me?

    Thanks, Becki

    #2
    So what do you want somebody to say? AFAIK, LA does know what it's doing.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Originally posted by caddyrj View Post
      Anyway, the legal representative will be there, but they have said I need to attend too.
      What should I expect tomorrow?
      What should I take with me?

      Thanks, Becki
      You should have asked LA these questions, as you are paying them to do the work for you.

      1. You should expect to answer any questions that the Judge might ask you, as the owner. Could be anything? why you want possession - on what grounds - any info that would show you were facing hardship as a result of tenants' actions or inactions as the case may be.

      2. Take all your paperwork - copies of ASTs, S21 or S8 whichever one was served on T, Deposit certificates, gas certs, HMO licence (if it is a licensable HMO), copies of correspondence between you and T, etc.etc.

      Good luck.

      Comment


        #4
        What to expect?

        Originally posted by Paul_f View Post
        So what do you want somebody to say? AFAIK, LA does know what it's doing.
        I asked
        What should I expect tomorrow? - i.e. I didn't expect to need to go if we were represented, but interested to attend anyway, so not a problem, just wondered will I have to do/say anything?

        and Should I take anything with me - e.g. Copies of all communication with the tenants?? Have about 30 emails back and forth negotiating and re-negotiating rent arrears payments. I presume I need to take the original AST contract (LA have a photocopy) as well, but don't want to miss anything if I can help it.

        My point about LA was simply that I am a bit disappointed that we paid more than £400 in addition to taking step 2 ourselves feeling that they would help us get the case to court more quickly and effectively than I would have, but it seems they have made an oversight in their office in failing to request the court date, loosing us another month's rent. I know the majority of that money will go to the legal representative, but I don't feel they earned their fee, and it seems likely to me that we would have been about £500 better off had we applied immedieately ourselves via PCOL and then hired our own legal representative rather than letting the application sit in their office for over a month.
        I am sure they know what they are doing, but their communication has been very poor and I would not recommend them for this reason as well as the delays - they have not contacted me voluntarily once I started paying them (apart from automated receipts) apart from when they rang me 4 days after I paid them to serve notices to ask me for the money that they already had.
        Since then I have called them to query how long the process should take - got a very abrupt woman on the phone who told me 'these things take time', so left it for another few weeks presuming they knew what they were talking about, when I called them again she was again very abrupt with me till she realised how long it had been since we paid for them to start court proceedings then was suddenly much more friendly and said she'd 'look into it' and we had a letter in the post from the legal team within 48hrs.
        An email confirming that the notices had been served or that posession procedings were going to be issued and detailing subsequent timescale would be useful, and would save their customer service representative from having to deal with so many calls I'd imagine.

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