Can I ask for a doctors note

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    #91
    Sorry posted the above before finishing.
    But to say it also correlates with one of my contractual clauses. Like I said this guy is being a right pain to all concerned but Advice seems to be don't bother though I'll just add it in my witness statement so it is considered.

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      #92
      I took an executive decision and didn't wait for solicitor to get back to me. Have issued new section 8 with all the upgrades and appendices and have walked away from discretionary ground 14. Feeling much better about sorting that thanks KeepTheFaith maybe I should have payed you £60 instead of my solicitor. Even if he had ratified my original notice I would still be going into court with that element of doubt.

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        #93
        Originally posted by michael james View Post
        I took an executive decision and didn't wait for solicitor to get back to me. Have issued new section 8 with all the upgrades and appendices and have walked away from discretionary ground 14. Feeling much better about sorting that thanks KeepTheFaith maybe I should have payed you £60 instead of my solicitor. Even if he had ratified my original notice I would still be going into court with that element of doubt.
        From what I have read ground 14 sounds more trouble than it is worth and very difficult to gain. Also I think you must surely have a good chance of getting it on g8 with 6 months arrears!

        Solicitors don't seem to get back to you fast unless you paying them £250 per hour 😏 I would have opted to go forwards with a robust s8 also than risk it, the old one may have got through ok but it's a long and costly way back to the beginning if it was to be chucked out at the hearing. So think you made right decisions.


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          #94
          Hello again,
          A lot has happened since my last entry. The police have been involved trying to have him sectioned but so far he has been admitted to hospital on day release voluntarily. He appears to have now emptied his room, but has left it locked (other tenants can see in his window), and I believe he may have been housed either by mental health or the council in the last couple of days, but he refuses to confirm that he has left his room or when he is leaving. His behaviour has been extreme ranging from assaulting one tenant to causing minor damage and trying to make the house uninhabitable by dumping rubbish in the living room and kitchen, switching off fridge etc.

          Can someone give me a description of how to set up my court pack please as it has been some 6 years since I have been to court. I have gathered everything - texts, emails and evidence of anti-social behaviour - which will go into my witness statement. However the tenancy agreement, particulars of claim, claim form, proof of postage I remember presenting simply with a list of contents/index. Is this OK?

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            #95
            Do I send to the courts one copy of my court pack for the judge, and one for the defendant, and bring my copy in on the day? Or just send one for the judge and bring the defendant's copy in on the day with my own.?

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              #96
              Of course, but I guess he will continue to deceive you.

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                #97
                Originally posted by michael james View Post
                Hello again,
                A lot has happened since my last entry. The police have been involved trying to have him sectioned but so far he has been admitted to hospital on day release voluntarily. He appears to have now emptied his room, but has left it locked (other tenants can see in his window), and I believe he may have been housed either by mental health or the council in the last couple of days, but he refuses to confirm that he has left his room or when he is leaving.
                Can MJ not make a case for abandonment here? Or would he need to get a deed of surrender or something signed to do that? Anyone?

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                  #98
                  There isn't any such legal concept of abandonment (in this sense), so there's no case to be made.

                  It's a defence to an illegal eviction that the landlord reasonably believed that the tenant no longer resided in a property, but it doesn't end the tenancy.

                  The question is always about risk.
                  If the tenant has really gone and accepted that their tenancy has ended, the landlord repossessing isn't going to cause a problem in reality, because everyone shares the same view.
                  If the landlord repossesses and the tenant wishes to come back, that's an issue.
                  The landlord can run the process through a court and bailiffs and be 100% safe from risk.

                  So the landlord has to assess the risk and their view on that risk and act accordingly.
                  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).

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                    #99
                    Originally posted by michael james View Post
                    Do I send to the courts one copy of my court pack for the judge, and one for the defendant, and bring my copy in on the day? Or just send one for the judge and bring the defendant's copy in on the day with my own.?
                    I'm going to court next month and had to send one copy of paperwork to the court and one to the defendant. If you don't know the defendant's address phone your court and tell them. They will be able to advise you.

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                      Cheers everyone I'll check with the clerks at the County Court.

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