1st section 8 Court hearing

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  • 1st section 8 Court hearing

    I have issued court proceedings against a tenant and guarator using Possession Claim online (PCOL) because of rent arrears. The court date is in the last week of March.

    What do i need to take to the hearing?

  • #2
    Originally posted by smandir View Post
    I have issued court proceedings against a tenant and guarator using Possession Claim online (PCOL) because of rent arrears. The court date is in the last week of March.

    What do i need to take to the hearing?
    • Up-to-date rent schedule showing arrears.
    • Copy of first and latest TA
    • Evidence you own the property (Mort statement, land registry printout) as I once bought a property and the tenant was claiming rent was still being paid to old owner!! Fortunately I also had a letter from Sol confirming that a s48 notice with my details had been issued.


    You should have 3 of everything. It is quite common for the court admin staff to mislay items - like no TA's on file even though the tenant has their copy sent by the court.

    Can't think of what else, apart from a backup plan if tenant pays enough to take arrears below 2 months. If not mandatory grounds for possession, try to get a suspended order - makes future action alot easier if tenant again defaults.
    On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

    Comment


    • #3
      Originally posted by Esio Trot View Post
      • Up-to-date rent schedule showing arrears.
      • Copy of first and latest TA
      • Evidence you own the property (Mort statement, land registry printout) as I once bought a property and the tenant was claiming rent was still being paid to old owner!! Fortunately I also had a letter from Sol confirming that a s48 notice with my details had been issued.


      You should have 3 of everything. It is quite common for the court admin staff to mislay items - like no TA's on file even though the tenant has their copy sent by the court.

      Can't think of what else, apart from a backup plan if tenant pays enough to take arrears below 2 months. If not mandatory grounds for possession, try to get a suspended order - makes future action alot easier if tenant again defaults.

      What about copy of the section 8 and 21, guarnators letter, final demand letters etc?

      I done it online (PCOL) so haven't given the court any paperwork yet e.g tenancy agreement.

      Do i just take the above paperwork on the day or send it before the court date?

      Comment


      • #4
        Has anyone had a court hearing after issuing a section 8?

        Those who have, can you help with my query above.

        Thanks

        Comment


        • #5
          take everything would be my advice. You MUST have an up to date schedule of amounts paid and arrears - a history, not just "he owes me this today". We had to get all papers to the court 14 days before the hearing. THey also had to be sent to the tenants. When you take the papers to court 14 days prior take 3 copies. You will have to prove everything - it will not be an easy ride - so take every bit of paper/evidence you have - if you don't need it never mind - if you do and don't have it with you you will kick yourself.
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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          • #6
            Originally posted by islandgirl View Post
            take everything would be my advice. You MUST have an up to date schedule of amounts paid and arrears - a history, not just "he owes me this today". We had to get all papers to the court 14 days before the hearing. THey also had to be sent to the tenants. When you take the papers to court 14 days prior take 3 copies. You will have to prove everything - it will not be an easy ride - so take every bit of paper/evidence you have - if you don't need it never mind - if you do and don't have it with you you will kick yourself.

            What do i have to send to the court beforehand, they have not asked for anything? I have done my claim online using possessionclaim PCOL.

            Comment


            • #7
              I have not used the online service so can't speak for that. We needed to send all paperwork relating to the case which would be relied on in court 14 days before the hearing. A copy had to go to the tenants. I would see if there is an advice line and call it?
              Unshackled by the chains of idle vanity, A modest manatee, that's me

              Comment


              • #8
                Originally posted by smandir View Post
                Has anyone had a court hearing after issuing a section 8?
                I posted a similar plea for help a few months ago - got loads of good advice and also the desired outcome - have a read!

                http://www.landlordzone.co.uk/forums...ead.php?t=3755

                Comment


                • #9
                  Evening (or good morning) to all. I've just had a look at Eric's thread and it is indeed informative. I have also had a quick look at the DCA site (link within Erics thread referred to in above post) and have copied and pasted the following section:

                  In all other possession claims –
                  (a)the hearing date will be not less than 28 days from the date of issue of the claim form;
                  (b)the standard period between the issue of the claim form and the hearing will be not more than 8 weeks; and
                  (c)the defendant must be served with the claim form and particulars of claim not less than 21 days before the hearing date.


                  Further on another section states:

                  (4)Subject to paragraph (5), all witness statements must be filed and served at least 2 days before the hearing.
                  (5)In a possession claim against trespassers all witness statements on which the claimant intends to rely must be filed and served with the claim form.
                  (6)Where the claimant serves the claim form and particulars of claim, he must produce at the hearing a certificate of service of those documents and rule 6.14(2)(a) does not apply.


                  Can somebody please clarify what a certificate of service actually is and how does one go about ensuring they have followed this procedure correctly?

                  Today being now being the 17th Feb I am a little worried that I don't have much time to play with if I am to serve the necessary documents on my tenant 21 days prior to my section 8 hearing date scheduled for 15th March!

                  He did say I could have my keys back this week but I am still waiting for the phonecall to arrange a meeting. Don't want to take any chances re the serving of papers just in case I don't resolve the situation before the hearing date. Mr Thieving Tenant informed me that he hasn't been staying at the house this last week or so (since the wife left him) because he doesn't know the house alarm number. Just wondered guys - was I supposed to remind him of that number when he mentioned not knowing it??? It's just that he didn't ask for the number and so I didn't actually volunteer the information. Was that wrong of me??? I would usually insert a smiley at this stage but not quite sure which one to use (I say tongue in cheek...) - maybe the following will suffice.... ??

                  Kind Regards

                  J
                  Last edited by Joannepowell; 16-02-2007, 23:48 PM. Reason: typo

                  Comment


                  • #10
                    Okay, im confused again now.

                    I done my claim online so didn't fill in a N119 or N5.
                    What i have is:

                    Tenancy Agreement
                    Letter of Guarantee
                    Rent Schedule
                    Final demand letters
                    Section 21
                    Section 8

                    My court date is 22nd March, what shall i do with the above? Do i have to file a statement of my own with the court?

                    Comment


                    • #11
                      Just think: if you'd used a solicitor, you could be doing so much else with your time...
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Originally posted by jeffrey View Post
                        Just think: if you'd used a solicitor, you could be doing so much else with your time...
                        Jeffrey,

                        Agreed.

                        What would be the typical cost to the LL for a solicitor to handle this?
                        Now signature free.

                        Comment


                        • #13
                          Originally posted by lorenzo View Post
                          Jeffrey,

                          Agreed.

                          What would be the typical cost to the LL for a solicitor to handle this?
                          (smiles to self re lack of answer)
                          Now signature free.

                          Comment


                          • #14
                            thanks for the help!!!!!

                            Comment


                            • #15
                              Originally posted by lorenzo View Post
                              (smiles to self re lack of answer)
                              No need to smile, old chap. Some of us do have real work to do, as well as playing chase-the-forum on computer.
                              Anyway, I don't handle litigation. I can't tell you anything about fees for it. Much would depend on location of solicitor too- London firms charge > Sheffield firms, for instance.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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