section 21 - contract lost/unsigned help

[westminster]

Coincidentally the tenant has told me she is waiting for the eviction notice so she can get help to move from the council so she will not be defending the case.

To throw a spanner in the works. would it be better and less likely to go to a hearing if I don't mention the second contract? or would the judge think it strange using the lower street wording.

It is entirely up to you as to whether you follow my advice and/or Snorkerz' advice. We're not solicitors, just people on an internet forum. And you've only just told us, 42 posts into the thread, that the T doesn't intend to defend! - until now, everything you've said suggests that you were really worried the T would argue about pretty much anything, including the second contract, hence why I suggested the Lower Street wording, to cover you whatever the T argues.

Bear in mind that the T may be lying about not defending (and/or the council may insist that she does defend). It's not as if she has been very reliable about anything else.

[leematthew61979]

Hi,

Thanks for all your help and advice.
Just an update. The court served the papers on the tenant the same day I handed them in although the letter I got says the court will deem the papers served as of 5th December, this was quicker than expected. the tenant called me to say she's going to the citizens advice as she says its wrong because there is no date lol. I assume citizens advice may agree as they won't have heard Lower Street.

My only main worry is that the judge will dismiss the case for whatever reason without a hearing. Is this likely?

Also out of interest does the tenant receive all the evidence I handed into the courts?

[leematthew61979]

Hi I have just been to the county court to ask a few questions and I'm almost certain I was given the wrong information. The clerk in the court office seems to think that the judge has reviewed the paperwork already before the paperwork was sent to the tenant so as long as the tenant does not file a defence I can apply for possesion. I thought the judge only reviewed the paperwork after the 14 day notice period expires?

Does anyone have any knowledge of the procedure?

[leematthew61979]

Hi I have read that I cannot use the accelerated procedure with unsigned ast agreements is this correct as this is exactly what I have done?

[Snorkerz]

No written TA would prevent you using the n5b process. If the tenancy agreement(s) are unsigned then theoretically they are as much 'proof' as an un-written one, ie there is no 'proof' that the tenant agreed to the terms.

That means a judge will need a hearing if the tenant claims your copies are not what was agreed, so that he can 'judge' the truth.

However, all that is likely to happen is that your current claim is re-assigned as a standard possession claim, it is highly unlikely to be rejected on the basis of you having used the wrong forms in this case (can be critical some times).

If no defence from tenant, then I suspect he judge will accept the AST you submitted and wave it through on accelerated.

The above is opinion only, lets hope the judge is in a good mood.

[leematthew61979]

Thanks, the letter I received says the tenants papers were deemed served on 5th December and that she had 14 days to appeal. Does that mean I can apply for possession tommorow which is 14 days? Or will I need to wait till Thursday? Thanks

[Snorkerz]

You can apply tommorrow
Worth phoning the court before you go to ensure she hasn't submitted anything at the last minute (save a wasted journey)

[leematthew61979]

Hi. I just want to say thanks to everyone who has helped me. In particular Westminster and Snorkerz. The judge ordered the tenant give up possesion on 11th January (I got the letter today) there was no hearing.

I wouldn't have been able to do it without the help from you guys so thanks so much.

If she's not gone ill be getting straight onto the bailiffs, I've read also I could legally cut utilities AMD change locks although I probably won't go down this route.

Any way thanks.... What's the average timescale from now until bailffs turn up?

[westminster]

Hi. I just want to say thanks to everyone who has helped me. In particular Westminster and Snorkerz. The judge ordered the tenant give up possesion on 11th January (I got the letter today) there was no hearing.

Excellent! Glad to have helped.

If she's not gone ill be getting straight onto the bailiffs, I've read also I could legally cut utilities AMD change locks although I probably won't go down this route.

No, you can't cut utilities/change locks even when you've got a possession order. The tenancy doesn't legally end until the bailiff goes in and executes the order.

What's the average timescale from now until bailffs turn up?

Depends on how busy the local court/bailffs are.