Can I ask for a doctors note

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  • michael james
    replied
    Thanks for the post Keepthefaith your a star. I think I'll just mention the antisocial behaviour in my witness statement and exhibit the evidence there. I did suggest this to the solicitor I met with last week as a way of getting it into court and he seemed to agree. Thanks

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  • michael james
    replied
    Your post just arrived regarding ground 14 thanks. Ignore my question please.

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  • michael james
    replied
    Thanks keepthefaith, yes I have decided I'll do that. I have also booked an engineer for the boiler and my tenant has reappeared. I will try court again tomorrow to find out the process for adding ground 14 as you mentioned asking for leave of the courts. I don't suppose you have any insight?

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  • KeepTheFaith
    replied
    Tessa and Ben from Landlord law blog don't rate going for a section 14:

    "If you are a landlord and find that you have rented to a criminal by mistake, or you need to evict an anti-social tenant in an HMO who is causing all your good tenants to give notice and leave, if at all possible use section 21 rather than this ground.

    Ground 14 should only be used as a last resort – as in the case above, you will probably just get a suspended order"

    https://www.landlordlawblog.co.uk/20...al-conviction/

    Also see:

    https://www.landlordlawblog.co.uk/20...onary-grounds/

    From reading those I would consider whether it's worth trying to add section 14 anyhow?

    I can't find any information on getting leave of court sorry.

    PCOL is only supposed to be for grounds 8, 10 and 11 however.

    Leave a comment:


  • KeepTheFaith
    replied
    michael james,

    The form doesn't sound like it is fit for purpose. I can't see it without registering so I am only going on what you write here. I think everyone trying for ground 11 persistent delay in paying the rent, is going to have similar dilemma here. What you suggest about putting the late payment into the next month seems to be a sensible way of doing it. Rather than a literal interpretation.

    Is there a part anywhere you can add extra information? Maybe you could put a note in explaining what you have done?

    ​​​​​​Otherwise if you can get through to the court ask them

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  • michael james
    replied
    Tried to get through to the clerks at the county court busy today. I have a question regarding Leave of the court and how to start that process. Do I submit my application for possession online without ground 14 then ask latter if I can add it?

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  • michael james
    replied
    Keepthefaith, no rent payed since Nov 2017 so currently 6 months in arrears.
    jpkeates, I have done a rent schedule to the tenant which will also be included in my witness statement but the online PCOL form to get a court date to gain possession only allows the fields described as above, so my first few entries are as below:

    01/03/2017 300.00 0.00 1500.00
    01/04/2017 300.00 300.00 1500.00
    01/05/2017 300.00 300.00 1500.00
    01/06/2017 300.00 620.00 1180.00
    01/07/2017 300.00 350.00 1130.00
    It is asking me to enter payments on the payment due date only. He never pays on this date even when he has paid rent. Do I enter his payments here as if he did pay on time or not at all and just account for them in the accumulated arrears which will go up and down accordingly? I don't want it to look as if he has been paying on time when he hasn't. In the example above I have been putting any late payments into the following month.
    ie. If I received rent on the 22-4-2017 I have entered £300 into the 01-05-2017 due date, by which time another month's rent is due so the arrears does not change. My question is should I change this as nothing is paid on the rent due date, but perhaps that would be too literal an interpretation of the below

    Amount Paid *
    £
    Enter the amount paid on the date you have entered above.

    Leave a comment:


  • jpkeates
    replied
    You enter the history of all the rent due dates.
    1/1/18 - £450
    1/2/18 - £450
    1/3/18 - £450

    The history of all the rent paid.
    3/1/18 - £450
    2/1/18 - £450
    3/4/18 - £195

    or whatever, and the difference is the arrears.

    I've seen versions that are set out with the rent's due and the payments as separate lists and others where the dates are simply chronological.
    If you do it chronologically, I'd make sure the payments are rent can be easily distinguished (separate columns or brackets around one type of payment - don't use colour or font).

    The idea is that the arrears and the sequence should be easy and obvious to see and work out.
    The judge wants things on a plate that require no thought.

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  • KeepTheFaith
    replied
    From post #18
    Originally posted by michael james View Post
    He stopped paying the additional £50 to reduce arrears back in October 2018 and in fact has now not paid his rent since November, although when he missed November he promised to pay me all outstanding rent and arrears by the end of December, as he was expecting a large payment. He is currently at 5 months arrears.
    I issued him with another section 8 on 29th Dec giving him until 22 Jan to comply before court action. However I have not received any further money and when chased he offers elaborate excuses as to why his payment has been delayed and has asked for more time. His latest communication has said he will pay everything he owes by the end of this week
    So he has started paying rent again.
    How far over the 8 weeks arrears is he now?

    Not sure if jpKeates was confusing it with a MCOL claim not PCOL?

    Leave a comment:


  • michael james
    replied
    I have 2 years of payments/non payments to enter.

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  • michael james
    replied
    Submit Claim - Payment History

    Step 6 of 8


    The particulars of a claim must include a history of the rent or mortgage account, in schedule form setting out: (1) the dates and amounts of all payments due and payments made under the tenancy agreement, mortgage deed or mortgage agreement either from the first date of default if that date occurred less than two years before the date of issue or for a period of two years immediately preceding the date of issue; and (2) a running total of the arrears. Click this link to view the full Civil Procedure Rules Practice Direction governing PCOL.
    Payment Details
    Date Payment Due *

    e.g. 28-08-2005

    Amount Due *
    £
    Enter the amount due on the date you have entered above.

    Amount Paid *
    £
    Enter the amount paid on the date you have entered above.

    Accumulated Arrears *
    £
    Enter the arrears that had accumulated as at the date you entered above.


    I have to enter a history of the defendants rental arrears. This is a Section 8 with a claim for Possession and monetary award. Sorry if I have been vague. See above. Thank you

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  • jpkeates
    replied
    Don't make a small claim until there is no further debt possible and the amount owed is known and fixed.
    Suing someone for part of a moving debt is going to annoy the judge.

    Leave a comment:


  • michael james
    replied
    Entering payment history on PCOL at the moment:

    As tenant never pays on the his due date do I take it literally "enter the amount payed on the above date" or include the payment made in the previous month. The due date is 01-03-2018 he has made payment on 23-02-2018 £350.00 do I enter payment or just simply acknowledge payment by just reducing the arrears?

    Leave a comment:


  • michael james
    replied
    Thank you very much KeepTheFaith, you have given me some good advice and it is much appreciated. I have already started entering info into my PCOL submission which I hope to submit on the 5th as the notice expires on the 4th. I'll try and get through to the clerks to ask how long they think till court date and what process I need to follow to add ground 14.

    Leave a comment:


  • KeepTheFaith
    replied
    Good to hear you got the room locked without incident and hopefully the troublesome tenant has gone for good but he may come back at any point while the tenancy is still in existence.

    If you suspect he may have done something to the boiler it would be best to have a gas safe engineer examine it. This would also cover u in the event he brings it before the court saying there was something wrong with the boiler. Also I would get this done pronto.

    I would not post any reply on his fb nor text him. It looks unprofessional and more than likely will encourage him more as he is getting a reaction from you. A Solicitor letter may be the best way to deal with it as it would have the best impact. Else a simple professional polite but firm letter saying it is unacceptable and you insist he removes the fb post and if be has any problems with repair issues to address them to you. Ask someone detached from the situation to read over your letter. Although if he has left he won't receive it but he may still return to the property. Also ask fb to remove the post.

    I am not sure if adding the older ASB incidents helps a lot if you can't get witness statements from the tenants in relation to it then it is just your second hand hearsay. But you could just add it brief to the end of your own witness statement just in case it becomes relevant to reasonableness under the discretionary grounds. But as it is old incidents I don't think the court will give it much weight.

    This is just my opinion see what others say.

    Leave a comment:

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