District Judge reject repossession order - what have i done wrong?

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  • District Judge reject repossession order - what have i done wrong?

    I am a new landlord who has rented out a property for the first time and have been taken full advantage of by a rent dodger. The following is an overview of the events that have taken place:

    22 Sept 09 - Tenant signs AST for 1 year - I tell the tenant that she can not move in until she gives me a deposit and 1 months rent in advance. In the mean time work will take place to renovate the place.
    19 Nov 09 - I go on holiday and she moves in whilst I am away. Moves in whilst the bathroom fitters are fitting the bathroom. The fitters say she said I said it was okay for her to move in.
    7 Dec 09 - I return back from holiday and go to see her - she aplogises and states she is arranging the funds from the council and should be with me soon.
    17 Jan 10 - I now ask to speak to the council to find out the delay - she then admits she spent the money
    19 Jan 10 - I issue Section 8 on Grounds 8,10 & 11 whilst also pointing out my AST states she has to evict in 2 weeks upon non payment of rent
    8 Feb 10 - I submit Claim for repossesion to court and the 14 days lapse so i submit the notice of issue
    13 Mar 10 - The District Judge makes the following comments "this is not accelerated procedure, he seeks possesion order on non payment, tenancy does not end until Sept 10 therefore S21 notice can not be affective with this"

    What does that mean, have I submitted my forms incorrectly?? Any help on this would be appreciated.

    I can't believe that someone can live in someone else's property for free whilst the owner pays the mortgage, ground rent and boiler cover at costs of around £400 per month.

  • #2
    This is because the courts have deemed you to be within the fixed term of the tenancy. You therfore need to use another route to claim possession of the property.

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    • #3
      Originally posted by fps View Post
      This is because the courts have deemed you to be within the fixed term of the tenancy. You therfore need to use another route to claim possession of the property.
      But OP said he used S8, g8, 10 and 11, which, if he received NOTHING for since 22nd September 2009 he could've commenced proceedings on 22nd October 2009 surely?

      I don't understand it either. Judge has rejected a S21 notice which wasn't served and appears to have ignored a (presumably) validly served S8 notice.

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      • #4
        i think you need to go for a full court hearing because the fix term not expired. cannot use fast track route when you are stillin the fixed term.

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        • #5
          1.
          Originally posted by yus_yp View Post
          19 Jan 10 - I issue Section 8 on Grounds 8,10 & 11 whilst also pointing out my AST states she has to evict in 2 weeks upon non payment of rent
          2.
          Originally posted by yus_yp View Post
          13 Mar 10 - The District Judge makes the following comments "this is not accelerated procedure, he seeks possesion order on non payment, tenancy does not end until Sept 10 therefore S21 notice can not be affective with this"
          Statement 1 contradicts statement 2. From your description of the Judge's comments, an invalid s.21 was served - not a s.8 (as in 1).

          Originally posted by yus_yp View Post
          What does that mean, have I submitted my forms incorrectly?
          Apparently so. Learn how to fill in the notices correctly, as making mistakes can be costly. Search this forum for "section 8" and "section 21". If you're still puzzled, take specialist legal advice.
          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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          • #6
            Is this perhaps a case where an S21 was issued at the start of the tenancy and may have been presented to the judge along with the other papers?
            I also post as Moderator2 when moderating

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            • #7
              What claim form did you use. N5B is not correct and if this has been used that may be why the claim was rejected.

              Use form N119 and N5. the court will issue the claim and list a hearing. At the hearing if the court is satisfied that ground 8 is met then a possession order must be made.
              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.

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