pcol loss

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    pcol loss

    Court hearing for repossession of property today, I lost as although I gave correct two months notice I gave a days grace for the 25th of the month and was told by the court it should have been the 24th, I explained it was an act of grace as the tenant has been playing me about for arrears etc for two years now. can the hearing do this even on a technicality, it seems very unfair. Yes before you all snigger I am a soft touch LL.
    Last edited by kip22; 27-09-2010, 20:46 PM. Reason: admission of to much trust in people

    #2
    Originally posted by kip22 View Post
    Court hearing for repossession of property today, I lost as although I gave correct two months notice I gave a days grace for the 25th of the month and was told by the court it should have been the 24th, I explained it was an act of grace as the tenant has been playing me about for arrears etc for two years now. can the hearing do this even on a technicality, it seems very unfair. Yes before you all snigger I am a soft touch LL.
    What grounds were you using? PCOL isn't usually dependant on tenancy period dates.

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      #3
      Originally posted by kip22 View Post
      Court hearing for repossession of property today, I lost as although I gave correct two months notice I gave a days grace for the 25th of the month and was told by the court it should have been the 24th, I explained it was an act of grace as the tenant has been playing me about for arrears etc for two years now. can the hearing do this even on a technicality, it seems very unfair. Yes before you all snigger I am a soft touch LL.
      no one will snigger for being a 'soft touch'. Should you have served notice on 24th and served on 25th?

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        #4
        T Ast lapsed so went periodic, served S21(1) (b)on the 24th May 2010, tenancy started 25th of the month 2007,paid 25th each month(when they paid) T ignored S21 spewed out excuses So went pcol (as seemed more manageable), and for arrears, served over 2 clear months before court hearing, giving T extra day and thrown out as told it should have been 24th of the month per law, as I gave them an extra day (25th) I was told it invalidated the possession order. !!!Got me on that one, I was livid.

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          #5
          Originally posted by kip22 View Post
          T Ast lapsed so went periodic, served S21(1) (b)on the 24th May 2010, tenancy started 25th of the month 2007,paid 25th each month(when they paid) T ignored S21 spewed out excuses So went pcol (as seemed more manageable), and for arrears, served over 2 clear months before court hearing, giving T extra day and thrown out as told it should have been 24th of the month per law, as I gave them an extra day (25th) I was told it invalidated the possession order. !!!Got me on that one, I was livid.
          Did you serve a section 8 notice? PCOL can not be used for section 21 claims. If you did, I would be investigating getting the decision changed.

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            #6
            No I did not issue a section 8, it was not brought up in court only the fact I wrote the wrong date as reason to dismiss, I felt she had not even read the reams of correspondence to back my case up, as if she had made her mind up before the hearing began, she admitted papers brought on the day by defendant even thou it was not sent to me, and would not accept mine which I had sent to the defendant 3 days earlier by hand delivery which he had received. conspiracy !

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              #7
              Originally posted by Snorkerz View Post
              Did you serve a section 8 notice? PCOL can not be used for section 21 claims. If you did, I would be investigating getting the decision changed.
              thats interesting as every time I have done a PCOL I have done it citing both S8 and S21 and when i get to the court the judge asks me which one I am relying on and I have told him S21 and been awarded possession.

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                #8
                Same here S21 issued ran its course, but as again I dated 25th not 24th, declined on that alone, I questioned the magistrate over her decision which she did not like, that in principle of law even thou it gave T an extra day it had been issued wrongly therefore no case to pursue...Totally gobsmacked, any ideas on my next move, if any feel like I have adhered to the law only to be shafted.

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                  #9
                  Originally posted by kip22 View Post
                  Same here S21 issued ran its course, but as again I dated 25th not 24th, declined on that alone, I questioned the magistrate over her decision which she did not like, that in principle of law even thou it gave T an extra day it had been issued wrongly therefore no case to pursue...Totally gobsmacked, any ideas on my next move, if any feel like I have adhered to the law only to be shafted.
                  If they owe you more than 2 months rent - go for section 8 notice (grounds 8, 10 & 11). If not, it's a fresh (correct!) S21 and a 2 month wait before you can start the court process again.

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                    #10
                    I questioned the magistrate over her decision which she did not like,

                    I can understand why you are upset and am sorry that things turned out like that - however it won't have been a magistrate but a judge I assume (county court?)
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

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                      #11
                      I assumed I would have to start the process again, but thanks for all your feedback.

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