• Filter
  • Time
  • Show
Clear All
new posts

  • possession

    Point 8 asks the following:
    If the defendant seek postponement of possession on the grounds of exceptional hardship, is the claimant content that the request be considered without a hearing?

    Whats the common selection for this question, yes or no?


  • #2
    I would say NO. I take it you are the landlord?

    Freedom at the point of zero............


    • #3
      Lets look at potential timescales:

      Say 'yes' - possesion may be delayed by up to 4 weeks (judge can only give 14-42 days notice to tenant). You can submit a written 'anti-extension' statement with the n5b.

      Say 'no' and a hearing will be required. I'd expect that to be a 6 week wait, but lets say 2 weeks delay. After the hearing, the tenant will be given at least 2 weeks notice, but if their applicaion is successful - up to 6 weeks.

      Overall, because of the need to wait for a hearing, I'd select 'yes'


      • #4
        Great, I'm going to select Yes

        The there was an ideal anti extention paragraph to write, so the judge views it in a positive light, what would it be?


        • #5
          Would this be a suitable paragraph - or may the judge view it as aggressive?

          In the event of possession being granted, and that the defendant seeks grounds for exceptional hardship, we are happy that this request be consider without a hearing. We prefer possession forthwith, without any postponed, as notice was served several months ago, therefore ample time has been given for the defendant to find other suitable accommodation.


          • #6
            I've no experince with this, but I wonder if a summary of the ways in which the landlord has already allowed the tenant plenty of time to sort themselves out financially would be appropriate as part of the anti-extension statement.

            It's probably also relevant if the landlord is aware of any evidence that the defendant is not facing exceptional hardship, e.g. they are still having take-away meals delivered, still going out to the pub, etc.


            • #7

              I'd like to evict a tenant in arrears

              I've started the n5b accelerated procedure

              Is the section 8 pcol procedure a faster way to gain possession?

              There are 8 weeks arrears, should i commence these proceedings as well?


              • #8

                help please....


                • #9
                  Has a section 8 or section 21 notice already been served?

                  IF both notices have been served and both notices have expired then s21 is likely to be quicker.

                  IF neither notice has been served then s8 & s21 are likely to take similar times from service to bailiffs.


                  • #10
                    Moderator: please merge with OP's previous thread


                    Latest Activity


                    • NTQ during fixed term?
                      Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                      (A residential let in England.)
                      11-08-2017, 14:53 PM
                    • Reply to NTQ during fixed term?
                      You made a claim. You tell us.

                      It was claimed that a tenant may freely leave whenever he pleases once he has received a s.21notice. If that was indeed the case you can imagine the mess with all those precautionary notices.

                      It was already the case...
                      18-08-2017, 12:43 PM
                    • Reply to NTQ during fixed term?
                      I totally agree, I was just trying to find any justification for claims that a tenant must serve notice in return of a section 21. It could never ever be demanded within the 2 month notice period, and in my opinion I agree it couldn't be demanded thereafter. But JJlandlord is adamant that requirement...
                      18-08-2017, 12:40 PM
                    • Lying tenant
                      We had a tenant in our property. Initial agreement was for 6 months from April 2016 but then went on to SPT.
                      In June he didn't pay his rent due on 15th of the month. Chased him and got excuses. On 10th July got a text from him saying he had moved out and left a key under the mat for us. He reckoned...
                      18-08-2017, 12:03 PM
                    • Reply to Lying tenant
                      Hmm. If tenant was stupid enough to leave valuable furniture behind, it's JK0's money in my book.

                      (Not that that ever happened. All I get left is broken Ikea tat.)
                      18-08-2017, 12:30 PM
                    • Reply to Lying tenant
                      The deposit doesn't limit what you can try and recover from the tenant.
                      It's simply a convention designed to make a simple claim easier.

                      You can't sell the tenant's goods and use the proceeds to settle their debt without their consent.
                      That's the tenant's money.
                      18-08-2017, 12:27 PM
                    • Reply to Lying tenant
                      Unfortunately the deposit doesn't come close to what he already owes. Deposit of just over £1100 to cover two months rent at £900 per month, replacement carpet £200, bath replacement needed, disposal of rubbish, clearing of garden. He 'kindly' left us some furniture which I managed to sell for around...
                      18-08-2017, 12:24 PM
                    • Reply to Lying tenant
                      And, of course, this....
                      18-08-2017, 12:22 PM
                    • Reply to Lying tenant
                      There are rules about who is responsible for the council tax. And they relate to residence, not the tenancy.
                      If the tenant is in the fixed term of a tenancy agreement, that means they're liable.
                      If they are in a rolling agreement and move out, you are liable.

                      If the tenancy...
                      18-08-2017, 12:21 PM
                    • Reply to Lying tenant
                      I'd forget about getting utilites to believe you. Just work out a reasonable extra amount to add to deposit request.
                      18-08-2017, 12:18 PM