Form N5B filed, tenant filed defence.

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  • Form N5B filed, tenant filed defence.

    I have filed form N5B and tenant has filed a defence within the 14 days- will this automatically mean a court hearing and would I (the LL) have to attend?

    Tenant is arguing he will be homeless if the Possession Order is granted as he cannot afford to rent another property on his income (they are all more expensive than rent I charge-which is true). On what grounds can the tenant argue (and possibly win) "exceptional hardship"? Has anyone had experience of these type of cases. If the tenant does argue " exceptional hardship", how long can possession be delayed for?

    The tenant is a single male, approximately early 60's and is the lowest priority on the housing list with the local Council (that he recently applied for).

    Also, can anyone give me a rough idea of costs for bailiffs fees?

    many thanks

  • #2
    Originally posted by Sparkey1 View Post
    If the tenant does argue " exceptional hardship", how long can possession be delayed for?
    A maximum of 42 days.

    Edit: yes, you should attend the hearing.

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    • #3
      Marvellous isn't it: "I can't afford (or be bothered) to pay my rent but to leave the property will cause me great inconvenience so I expect to stay"!
      It will probably cause great inconvenience when the car he is paying for is repossessed because he HAS to have a holiday and thus can't afford the payments on this - let alone your rent.
      I must admit I thought the maximum a judge could delay a s21 possession order was six weeks, but I bow to Westminster's greater knowledge in such matters. I understand that the Bailiff's fee is £95.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      • #4
        Originally posted by P.Pilcher View Post
        I must admit I thought the maximum a judge could delay a s21 possession order was six weeks, but I bow to Westminster's greater knowledge in such matters.
        42 days = 6 weeks!

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        • #5
          My maths are a little shaky this morning!

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment

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