Accelearated Possesion question

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    Accelearated Possesion question

    Am in AST was issued a section 21,all info was accurate. Have been sent the N5B accelerated procedure with all the relevant information( deposit scheme info, LL leasehold etc etc )
    I am not defending the LL claim only extra time to pay the charges.The N5B was received on 20th Oct. I have called the court and have had various answers to my question,the only thing I want to find out is this : As I have not defended the possession will the claim go ahead automatically now the 14 days that I had to reply have passed?? ( its 4 weeks since I got the N5B now and I sent the defence form within the 2 weeks) or does the LL need to file anything else ? when I call the courts they say they have heard nothing from the LL solicitors so nothing progresses ? many thanks theoldcastle
    Last edited by theoldcastle; 16-11-2011, 20:44 PM. Reason: spelling

    #2
    Section 21 has nothing to do with any unpaid rent that you may have accrued - it is simply the landlords right to repossess the property because you are out of contract.

    Therefore, although you have an obligation to pay the unpaid rent, doing so will not affect the validity of the section 21 eviction.

    Have the courts confirmed that they have received your defence / request for extra time? If so, the paperwork will now be sat in a judges 'box' (like an in-tray) awaiting his attention - its not a priority so may be a little time yet.

    Once the judge makes his decision, he will give you a minimum of 2 weeks (you have already had over 2 months notice) but if you have given reasons to extend this, he may extend that up to a maximum of 6 weeks. You can not be granted more than that.

    Comment


      #3
      Hi Snorkerz
      There are no rent arrears, the LL simply wants me out, no I have had no confirmation that the court have had the defence form, would it make any difference to the possession if they didnt get it? even though I am not contesting the claim? only the length of time to pay costs? That is what I am trying to find out...if for example the defence form went astray would the possession go ahead still ?they seem to be saying that they are still waiting to hear from the LL solicitors to have the go ahead for this possession order ? why...when they have submitted the N5B form ??any answers??

      Comment


        #4
        I can see no reason why the court would be waiting on the landlords solicitors input. If you can call the court to verify that they have had your defence paperwork you may get a clerk who knows what they are talking about (court admin don't always get things right).

        If the form went astray, the court should just assume you were not defending the claim, and after 14 days, pass it to the judge for consideration.

        May I ask, is the landlord asking for more than £175 in costs?

        Comment


          #5
          This is what is written re costs :court fee £175
          then in paragraph 10 of the N5B :the claimants therefore claim their costs of prepairing and filing this claim form in the sum of £860+vat of £172, land registry fees of £5.2 +£0.28 and the issue fee of £175 total £1,212.70. Is this excessive ?

          Comment


            #6
            As people replied to the same question you asked on another forum, I believe (from the other forum) that in accelerated possession proceedings, costs for solicitor fees are fixed and set in a Civil Procedure Rule (part 45) at about £130

            If so that would be the maximum the court would award in addition of the £175 court fee.

            Comment


              #7
              Only the judge can decide if it is exessive.

              I am not a lawyer, and I can offer no guarantees, but I would see if you can get a letter to the court for the judges attention along the lines of...

              Claim number XX123456 in the Xxxx County Court

              In the case of Mr X Xxxxx (Landlord) and Mr T Oldcastle (Tenant)

              I request that the fees and costs requested by the claimant be disallowed as section 21 is a 'no fault' eviction and it is my 'right' not to be evicted without due process. If the claimant wishes to claim his 'right' to evict me under the provisions of section 21 then I feel it should be his responsibility to pay any fees required to exercise that right.

              If the court decides that I should be ordered to pay the landlords court fees, I would further ask you to not award the claimants legal fees etc as these are un-necessary costs and it was the claimants decision to incur such costs. The section 21 possession process is simple enough to allow the claim to be handled without legal help as thousands of landlords have done so before.

              If at all possible, I would get that typed up and physically taken to the court today to be attached to the file. Explain to the clerk that you suspect the file is already in the judges box (yes, that's the correct term) and you'd be greatful if your letter could be dealt with as a priority.

              Comment


                #8
                Originally posted by jjlandlord View Post
                As people replied to the same question you asked on another forum, I believe (from the other forum) that in accelerated possession proceedings, costs for solicitor fees are fixed and set in a Civil Procedure Rule (part 45) at about £130

                If so that would be the maximum the court would award in addition of the £175 court fee.
                Thanks for that JJlandlord. Most interesting.

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  Thanks for that JJlandlord. Most interesting.
                  You're most welcome.
                  I think the relevant CPR is:
                  http://www.justice.gov.uk/guidance/c...5.htm#IDAQM0HC

                  Some info on this (where fixed costs apply and how to avoid them [written by solicitors ;-)] ):
                  http://www.knights-solicitors.co.uk/...fair-payment?/

                  Comment


                    #10
                    Just done a N5B myself as landlord.
                    On the Landlords copy of the Possession Notice served to the tenant that gives them 14 days to submit a defence, there is a tear off strip at the bottom of the form which should be send to the court when the 14 days is up and no defence has been submitted. The court then issues the actual possession notice with the date possession is required by.

                    Perhaps the landlords solicitors have not yet sent this form back.

                    Comment

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