Can I ask for a doctors note

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  • michael james
    replied
    Cheers everyone I'll check with the clerks at the County Court.

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  • Berlingogirl
    replied
    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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  • jpkeates
    replied
    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.

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  • KeepTheFaith
    replied
    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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  • Locas
    replied
    Of course, but I guess he will continue to deceive you.

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  • michael james
    replied
    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.?

    Leave a comment:


  • michael james
    replied
    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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  • KeepTheFaith
    replied
    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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  • michael james
    replied
    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.

    Leave a comment:


  • michael james
    replied
    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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  • michael james
    replied
    Phoned solicitor this morning waiting for him to return my call regarding current section 8. I am already drafting up a new section 8 to send off again with a remedied changes to section 8.
    As I am possibly issuing a new section 8 from what I have understood don't add
    grounds 14 The tenant or a person residing in or visiting the dwelling-house-

    (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality

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  • michael james
    replied
    3 Your landlord/licensor* intends to seek possession on ground(s) 8,10,11........ in Schedule 2 to the Housing Act 1988 (as amended), which read(s):

    See attached sheet marked ‘appendix 2 ‘ Excerpt from Schedule 2, Housing act 1988(as amended)....

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  • michael james
    replied
    Here is a cut and paste from section 8.

    3 Your landlord/licensor* intends to seek possession on ground(s) 8,10,11........ in Schedule 2 to the Housing Act 1988 (as amended), which read(s):

    See attached sheet marked ‘appendix 2 ‘ Excerpt from Schedule 2, Housing act 1988(as amended)...................... ....

    .................................................. .................................................. .................................................. ....................

    .................................................. .................................................. .................................................. ....................

    .................................................. .................................................. .................................................. ....................

    Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on. Continue on a separate sheet if necessary.



    4 Give a full explanation of why each ground is being relied on:

    Ground8:b) if rent is payable monthly, at least two months rent is unpaid. Ground 10: Some rent is due lawfully from the tenant - see attached schedule marked ‘appendix 1’.Ground 11: tenant has persistently delayed paying rent lawfully due – see attached schedule marked ‘appendix 1’................................................ .................................................. ........

    .................................................. .................................................. .................................................. ....................

    .................................................. .................................................. .................................................. ....................

    .................................................. .................................................. .................................................. ....................

    Continue on a separate sheet if necessary.

    Leave a comment:


  • michael james
    replied
    Hello Keepingthefaith no is the answer but I have attached to the section 8 an appendix with the excerpt from schedule 2, Housing Act 1988 grounds for possession where it does state this. As well as a rental schedule for the past 2 years 4 months.
    Also I submitted a section 8 some 5 years ago that went to court and the above is what I submitted word for word regarding grounds for eviction. The solicitor I met with last week did go over my section 8 also didn't pick up on this. I haven't submitted yet but feel under pressure by the 2 remaining tenants to get him out.
    What do you think?

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  • KeepTheFaith
    replied
    Originally posted by michael james View Post
    Wording exactly as it is on section 8 is as follows: Ground8:b) if rent is payable monthly, at least two months rent is unpaid. Ground 10: Some rent is due lawfully from the tenant - see attached schedule marked ‘appendix 1’.Ground 11: tenant has persistently delayed paying rent lawfully due – see attached schedule marked ‘appendix 1’
    Have u set out the grounds in full? Does your section 8 notice say:
    'for the purpose of this ground “rent” means rent lawfully due from the tenant'

    And does it say it has to be 2 months unpaid at date of the hearing?

    See link below at the end of the page under 'iv) The section 8 notice'.

    https://www.google.com/amp/s/nearlyl...e-notices/amp/

    Leave a comment:

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