Can I ask for a doctors note

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    #61
    Originally posted by KeepTheFaith View Post
    As far as I am aware you can't add another ground than what is already on the section 8 notice but I could be wrong.
    Ok I just came across the answer to this so just to clear up that question, you can add extra grounds with the leave of the court.

    Housing Act 1988 s8(2)

    (2)The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.

    https://www.legislation.gov.uk/ukpga/1988/50/section/8

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      #62
      Thank you Keep The Faith I have as far as trying to incorporate tenants anti-social behaviour was to mention it in PCOL About the Claimant:

      " Due to the tenant's recent anti-social behaviour I don't feel in all conscience that I can continue to rent to new tenants and my existing tenants will certainly leave if tenant remains,causing financial hardship." see witness statement appendix d

      I have been to a solicitor yesterday he initially in consultation quoted £200/hr but when I stopped him after an hour explain my financial situation he only charged me £60 what a star. Didn't really get to mental health issue apart from if he is sectioned again to go for abandonment (warned of difficulties around that) but helpful on procedure, though main experience around sec 21 this all might end up there on an accelerated process should sec 8 fail. Though I think by then my other 2 tenants will have left. He recommended making a witness statement from myself and appending all reports made to police emails texts from tenants and get statements from tenants and include breach of contract 3.12 " causing nuisance........".
      At the moment I will avoid any mental health issues keep my fingers crossed. Solicitor no experience on PCOL do you know if i can include over 2 years ( another 4 months ) into last section concerning Record of Rental Payments?

      Comment


        #63
        Put all the information relevant to rent arrears first. Hopefully u get it on ground 8.

        If not then with grounds 10 and 11 the judge has to consider if it is reasonable to make a possession order. I think this is where the anti social behaviour and effect on yourself etc can be brought into it. My book says in considering reasonableness the judge should consider all the 'relevant circumstances'.
        ​​​​​​
        But if you want the court to make possession on ground 12 breach of the TA (nuisance clause), or ground 14 nuisance ground, then as in my post above you will need to get leave of court.

        Practice direction 55B at 6.4 says:

        "6.4 If the claimant wishes to rely on a history of arrears which is longer than two years, he should state this in his particulars and exhibit a full (or longer) schedule to a witness statement."

        http://www.justice.gov.uk/courts/pro...art55b#IDAK0M2

        Good the Solicitor reduced his fee!

        Comment


          #64
          Originally posted by KeepTheFaith View Post
          Good the Solicitor reduced his fee!
          Not if the solicitor is trying to practice in an area they're not actually knowledgeable in.

          Originally posted by michael james View Post
          Solicitor no experience on PCOL
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #65
            Originally posted by KTC View Post

            Not if the solicitor is trying to practice in an area they're not actually knowledgeable in
            Well let's just hope the Solicitor wasn't winging it too much. It sounds like MJ had some useful information from him. It is disappointing the Solicitor hasn't done PCOL. Maybe that's because it's designed more for a litigant in person?

            ​​​​​​Solicitors charge a lot and in my experience it's difficult not to come away without feeling you have been robbed to some extent! (I find the same with vets!)

            In both cases I tend to do some researching afterwards to see if it backs up what they are saying.

            Comment


              #66
              Hello all thanks for input it's all good. Yesterday I mailed him reminding him his notice was expiring on the 4th and that I hadn't seen any payments in my account and that it was my intention to seek possession. I received a text saying 'we both have a date in the High Court hope you win'. More nonsense. He has also instructed another tenant to tell me that the police have put the house under surveillance.
              I have just had a text from one of the other tenants to say he thinks Claude is going to try and rent the vacant room. He heard him showing someone around late last night. This morning found him in the vacant room roaming around before he had to go to work and tenant screamed in his face accusing him of murder and that the police are coming for him.
              I've phoned the tenant just to reassure him but that I have decided to go up and change the lock on the room this Saturday with a friend as a witness, the tenant is going to try and be there as a witness, also the day before tell the police what I am intending to do and invite them to be there.

              Question. If he does take money of someone and try and rent that room, gives them keys some sort of a contract what do I do?

              Comment


                #67
                Go and change the locks on the empty room today.
                If there's an unwanted person in the property, that will be another problem to resolve.

                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #68
                  You should have changed the locks weeks ago.

                  Comment


                    #69
                    Yes of course, I was going up last night, but my witness pulled out last minute. I live 3 1/2 hours away and this Saturday is the only time I can get a friend available to join me. Also it is the only time when one of the other tenants will be in to witness that me and my friend have not arrived to evict him or beat him up.

                    To add to this he has posted this on F Book today:
                    Hello Friends? Looking for someone to help with my broken boiler, because landlord do not have any insurance on the house I live in and I had a serious leak yesterday. Thank God, I’ m still alive..

                    One of my tenants spotted it today, of course there is nothing wrong with the boiler.

                    Comment


                      #70
                      Went to the Property yesterday changed the locks. I had arranged for a British Gas Engineer to be booked in for that day asked the tenant who was waiting to act as a witness to check the boiler again. He texted that the other tenant had left but that he had left the house in a mess mentioned nothing about the boiler. Assuming boiler was ok cancelled engineer.
                      I arrived at the house change the lock and before going tenant said the boiler seemed to be locked in a fault. The manual was also missing from where it should be. We are currently going through trouble shooting to see if we can figure out what he has done.

                      Advice please firstly should I respond to his FBook posting calling him out on his slanderous remarks or email/text him directly or just let him continue to see what else he comes up with, and use it in court?
                      Sorry to go back to a previous post:
                      "Also I have had complaints from 3 female tenants about him in the past (none of which are still renting from me) who felt threatened by him – 2 have complained about him entering their room without permission, not even knocking, to confront them. The third locked herself in a bathroom when he was being verbally aggressive towards her. On each of these occasions I have advised the other tenants that they should call the police and that I cannot do anything unless they do so. I have also talked with the tenant in question about each of these complaints as they arose, telling him that his behaviour was unacceptable and that I had advised the complainants to phone the police."

                      Should I try and bring these into my proceedings or leave them out?

                      Comment


                        #71
                        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.

                        Comment


                          #72
                          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.

                          Comment


                            #73
                            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?

                            Comment


                              #74
                              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.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment


                                #75
                                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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