Attending Possession Hearing on behalf of Landlord

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  • Attending Possession Hearing on behalf of Landlord

    On the few occasions previously that I've attended court hearings for possession under Section 8 the landlord has been present with me (on one occasion the jusge wasn't even keen on letting me in and was less keen still to let me speak)! Knowing that the landlord has to sign the court papers to apply for a hearing for possession has made me wonder; does the landlord have to be physically present at the hearing (or hire a solicitor to be present), or will I be able - as his agent - to do everything on my own? The last thing I want is for the judge to throw it out because the right people aren't there! Thoughts anyone?

  • #2
    I thought for a section 8 hearing the Landlord had to attend. Though there must be a correct procedure if the landlord is a non-res


    • #3
      County Courts have tightened up in recent years on the "rights of audience" rules (i.e. those who are allowed to appear before a court).

      The judge can allow a Mackenzie friend in to help the claimant or defendant but the principal must be there (i.e. a MKF cannot appear INSTEAD of the claimant or Defendant)

      What you are asking is if you can appear INSTEAD of your landlord - generally court rules say you cannot BUT you could ask for leave from the judge but don't be surprised if this is refused in which case a solicitor will have to be hired for the date and time of the hearing.


      • #4
        Would a power of attorney work?
        The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.


        • #5
          If the POA was in the case of a person who was by physical or mental inability unable to attend a hearing, then yes subject to the court's individual acceptance and allowance of the POA to appear. I cannot find any "right" of a POA to appear alone.

          However, I have to say that the cost of appointing and seeing to the legal paperwork to create a POA would probably exceed that which it would cost to appoint a solicitor to appear with the agent "giving evidence" as to the arrears.

          If you go through the POA route - and there is a defence to the possession proceedings at the hearing - a solicitor may be more able to deal with it than a lay person who wears the POA hat.


          • #6
            Wow, what a screwed up system. I can see reasons for the way it is, but surely this puts some landlords in an untenable position of having to pay for a 'plane ticket or a solicitor. Assuming that my landlord isn't going to fly in from Australia for this hearing :-) , can anyone recommend a good solicitor in the Northants area?


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