What to expect at court tomorrow??

  • Filter
  • Time
  • Show
Clear All
new posts

    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

    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.


      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.


        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.


        Latest Activity


        • Ex tenant and arrears
          by Perce
          Hello All

          I have issued multiple CCJs. Three of them are still unpaid.

          I have also issued Third Party Debt Order which was successful.

          But the ex T. still owes me money and more claims are to be issued .

          I have asked for the deposit but the ex....
          22-09-2021, 20:08 PM
        • Reply to Another Sec 21 Notice
          by theartfullodger
          Thanks to Thatcher's 1988 Housing Act a tenancy continues, monthly periodic, if tenant remains in occupation.

          Unless evicting tenants through court prior you / agent cannot (legally impossible to) prevent this.

          22-09-2021, 19:51 PM
        • Another Sec 21 Notice
          by ispookie
          We are a recent landlords after moving house. The house is a four bedroom in England, managed through a letting company, EPC, Rent protection, inventory etc were all done including the necessary checks on the tenants. The tenancy was setup for 12 months, ending in March 2021. Right from the start...
          22-09-2021, 16:20 PM
        • Reply to Utilities Account Manager
          by Neelix
          Just watch out as they seem to be falling like flies ATM
          22-09-2021, 19:28 PM
        • Utilities Account Manager
          by michaelwgroves
          I have a large portfolio, I got tired of spending ours on the phone each week managing utilities between tenancies. I found a utility company that gave me a dedicated account team. I simply email the tenancy change and it gets sorted. However, there are a few challenges they are struggling to overcome,...
          22-09-2021, 07:15 AM
        • Reply to Condensation/mould mid-tenancy
          by mokka
          I beg to differ. From experience it was slum landlords not sorting out the property by means of fixing penetrating damp along with missing roof tiles for years. Black mould covering a whole wall, damaged stairs that was just clipped back together under the stair case along with collapsing kitchen ceiling...
          22-09-2021, 19:27 PM
        • Condensation/mould mid-tenancy
          by bethy
          We have a nice couple living in our one bed flat. It's an old building with thick, uninsulated walls. We've owned it for 10 years, and in that time had 1 tenant who managed to cover the place with mould due to how she was living in it, everyone else since has been absolutely fine.

          I visited...
          20-09-2021, 12:42 PM
        • Dispute deposit based on damage that landlord didn't repair?
          by kankan
          Hello everyone,

          After signing the contract, but before moving in, the flat suffered some flood damage. 3 rooms needed repainting because of water stains and paint falling off.
          We were promised that this will be taken care of after moving in. We followed up several times, but the repairs...
          22-09-2021, 19:26 PM
        • Reply to Condensation/mould mid-tenancy
          by Hudson01
          The above post just goes to prove that you cannot help some people.
          22-09-2021, 19:13 PM
        • Reply to Another Sec 21 Notice
          by ispookie
          This is why I think the current letting agents are not very good! All I asked the letting agents was to make sure the tenancy ends on the last day as per the contract and not to extend it....
          22-09-2021, 18:55 PM