Section 8 Court Hearing Soon

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    #16
    Thanks guys for all your help...less than 24 hours before being in court just want to ensure I'm going about this the right way.

    Witness Statement completed,
    Handed in to court (got a stamp put on a duplicate copy but they wouldn’t issue a receipt - submission also displays on PCOL).
    Posted copy to T (grudgingly) - kept proof of postage and will take with me tomorrow.
    Made 3 extra copies of Witness statement in case judge/T have not received

    Witness statement comprises of:
    • AST
    • Payment History
    • Bank Statements
    • Email Communications
    • S8 Notice and S8 Certificate of Service

    In addition to Witness Statement taking the following:
    • Deposit Cert
    • Gas Safety Cert
    • S21 (miraculously the T signed as having received)
    • Copies of Texts sent/received (in case of reported abuse/harassment)
    • Trying in vain to get calls made to T via phone bill but locked out of web account.

    Also made a note of two terms (DJB has mentioned in a different post) if things dont go to plan.
    1. ask the judge to make a suspended possession order
    2. ask for the hearing to be vacated and the matter adjourned for 12 months with liberty to restore

    Anything else I need to take with me/prepare for?

    When referring to the Judge (lots of people refer to Sir/Madam) is 'your honour' incorrect?

    Comment


      #17
      Dont honour or worship the judge - just Sir or Maam will do.

      Vacating a hearing is acutally cancelling it - you dont want the hearing vacated, you want it adjourned (if as you say you need to ask for this) with liberty to restore if by chance the tenant coughs up at the last moment to avoid a mandatory possession.

      I had a case earlier this year where a stolen cheque (from tenant's father) was sent a couple of days before the hearing giving insufficient time to see its fate - the judge gave a PO on the basis that the cheque was not cleared funds and unpaid rent was 2 months plus. So you be careful to accept only coin of the realm if its last minute payment!!!!!!

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        #18
        Guys 'I Won'

        So a big thank you to you all for your advice and support.

        T didnt show for court (I was made to wait an hour for T to turn up then convinced them T a no show) was in and out of hearing in 6 minutes but the Judge seemed really intimidating (personal perception perhaps).

        PCOL entry not been updated (not sure if it does tbh), Judge said I should receive something in the post (I'm almost cynical about this).

        Mandatory Possession has been granted under Ground 8 on Section 8.

        T has been given 14days to leave the premises.

        I know T is going to ride this out as long as possible and I will have to call Bailiffs.

        Can someone provide me with some advice on how to redeem outstanding money now the possession order has been granted.

        Should I wait for her to move to another property and use a tracing agent or take action now whilst I know the location of T?

        + The only information I have at present is her name and NI number (is there anything useful a debt collection agency can do with this information - i.e black list her for future credit etc?)

        Comment


          #19
          Originally posted by havensRus View Post
          If you want a copy of my template, email me at grumpyoldlandlord@gmail.com

          Hi all
          Can I have a copy of the template ??


          Mark

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