Applying to start Possession procedure

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    Applying to start Possession procedure

    Hi all,
    Tenant has abandoned property; in arrears with rent and a history of erratic payments. I have issued S21 & S8 notices that expire on 30th Jan 2013; plan is to proceed with S21 and a separate money order as it is more than 8 weeks in arrears and exceeds £5k.
    Question I have is when is the earliest date that I can apply to start Possession Claim; I would like to do it so the Claim could be heard/ruled on the first possible day AFTER the 30th Jan. My immediate requirement is repossession at the earliest possible date so I can relet, would I jeopardise that if I included a claim for Possession Claim costs and or can I include it in the money order claim that will follow.

    Any advice gratefully received

    jjss

    #2
    I expect you know that the N5B form that you fill in for possession has a box for you to claim court costs, and solicitor's costs if any.

    I can't see any problem in asking for court costs. Have you other (legal) costs to add on?
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      After the S21 & S8 notices expire - You need to file Claim Form N5 for possession of property and arrears and the fee is £175.00. There's help and guidelines on the site to assist you. You can file online as well.
      Claim Form N5B is for accelerated possession without a hearing and you cannot make a claim for arrears .. filing fee is also £`175.00
      If you can afford it, go for both.
      The N5B is faster to process but it is only for possession of property.
      Whilst the N5 is for both possession and arrears and this order can help you to obtain a CCJ if you get that far in the process ..but it takes longer as you will have to obtain a date for a hearing and attend and go through the motions.
      If the tenant has abandoned you need to repossess your property asap - so N5B is likely to be your first option.
      And if you want to pursue your tenant for the arrears .. you will likely need to file N5 as well.
      However, with no forwarding address, it will be hard to enforce a warrant of execution for the arrears.
      Estimate approx 4 weeks for the N5B to be processed by the court and longer for the N5, possibly 8 weeks before you can have a hearing date.

      Comment


        #4
        Please be aware that section 8 & 21 only apply to assured tenancies.

        Section 1(1) of the 1988 Housing Act says that

        A tenancy . . . is . . . an assured tenancy if and so long as. . .
        (b) the tenant . . . occupies the dwelling-house as his only or principal home;

        It would seem your tenant doesn't, so it is no longer an assured (shorthold) tenancy and none of the 1988 Act (inc s8 & s21) apply.

        Now the chances are that the courts will not pick up that discrepancy, but just be aware of the risk.

        Comment


          #5
          Don't forget to claim for litigant in person fees at £18.00 ph litigant.blogspot.com/2008/03/costs-litigants-in-person.html

          You must say on your claim form exactly what you are claiming for and everything. You can't add things onto your claim in court.

          Comment


            #6
            Originally posted by Berlingogirl View Post
            Don't forget to claim for litigant in person fees at £18.00 ph litigant.blogspot.com/2008/03/costs-litigants-in-person.html

            You must say on your claim form exactly what you are claiming for and everything. You can't add things onto your claim in court.
            Can you clarify where the £18 figure comes from? When I last did this it was £9.25 and that was 4 years ago.

            Comment


              #7
              The topic popped up recently: this increased to £18 1-2 years ago.

              Comment


                #8
                Originally posted by jjlandlord View Post
                The topic popped up recently: this increased to £18 1-2 years ago.
                Thanks jj - any idea of the SI involved? the article BG links to states £9.25 but it too goes back 4 years.

                Comment


                  #9
                  The rate is set by the Costs Practice Direction of the CPR: http://www.justice.gov.uk/courts/pro.../pd_parts43-48

                  52.4
                  The amount, which may be allowed to a litigant in person under rule 46.3(5)(b) and rule 48.6(4), is £18 per hour.
                  Googling around, it was amended in October 2011 to increase the rate.

                  Comment


                    #10
                    Thanks jj - and apologies to BG for questioning the content of her post.

                    Comment


                      #11
                      Originally posted by Berlingogirl View Post
                      Don't forget to claim for litigant in person fees at £18.00 ph litigant.blogspot.com/2008/03/costs-litigants-in-person.html

                      You must say on your claim form exactly what you are claiming for and everything. You can't add things onto your claim in court.
                      Does this mean, if you are representing (acting) for yourself, you can add to the costs, say 4 hours for a half day at court (including travel time) and say, 4 hours for form filling and lodging at court etc?

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