Possession Hearing

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    Possession Hearing

    Firstly I would like to wish you all a Happy New Year and all the best for 2011.

    I have an upcoming possession hearing with a non paying tenant. Tenant owes 3 months rent.

    Can anyone give me a brief outline of what will happen at the hearing and will it go down as a CCJ for the tenant?.

    Will I be able to get a judgement for the rent arrears now or have to file a separate claim in small claims court?

    Thanks

    #2
    If you are claiming possession under section 8, grounds 8 or 10 then you should be able to get a court order for the missing rent.

    The possession itself doesn't give the tenant a CCJ, but if you are granted an order for the rent, and T doesn't pay within 14 (iirc) days, than a CCJ will be recorded against them.

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      #3
      hi...do you have to notify court after 14 days that tenant has not paid...and if you dont notify court does the ccj not apply or show up against tenants name?

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        #4
        You have to enforce the order for the CCJ to appear. With a s8 the order is usually in the format £1750 plus £20 per day that the tenant remains in residence. Without you enforcing the order, the court has no way of knowing what the latter part equals.

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