SPEEDTWIN Posted July 2, 2007 Report Share Posted July 2, 2007 I have a court hearing this week for the section 8 i served under grounds 8,10,11 on my tenant (kept bouncing chqs) but he has at last paid up but i still want him out. My question is do i still go to court and what are the chances of it going my way I know grounds 10/11 are discreationary but as he has paid up does invalidate the claim, I dont think he will turn up and i have the bouced chqs. any thoughts anyone Link to comment Share on other sites More sharing options...
GPEL Posted July 3, 2007 Report Share Posted July 3, 2007 There's still a good chance you'll get possession. These grounds are often used as backup in this type of situation. Serve a 21 as well, then if all else fails that'll be in place for you. Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted July 3, 2007 Report Share Posted July 3, 2007 Hi Speedtwin I have been in the same position, Like you I thought its not worth it and I didn’t go to court. What I didn’t know then is the judge in my area seams to work on the principle that the guilty party fails to show and I lost. Its worth the chance seeing as you have already paid the court fee and you still want possession what have you got to lose. Like GPEL I agree section 21 is a safer bet as if done correctly you cant lose and due to time factors its worth issuing the section 21 anyway as a safety measure. Good luck let us know how you get on In my case I may have lost my section 8 possession (I did get rid of the dog though) but the tenant got complacent and failed to realise the significance of the 21 until I won. Remember the landlord always wins Oliver Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 3, 2007 Author Report Share Posted July 3, 2007 Thanks everyone, I have served a section 21 as well but it doesnt kick in for another month the section 8 was served in month 3 of a 6 month AST so it was my only option at the time. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 4, 2007 Author Report Share Posted July 4, 2007 Went to court today tenant didnt turn up, got given possecesion though the judge did hum & ha a bit dont think it would have gone my way if tenant was there. the tenant is paid up to 7/8/07 the posession order will be for 8/8/07. If the tenant agrees to start paying the rent on time can i sit on the order for a couple of months to see what happens. so if he pays august and maybe sept rent but then starts to default again can i use the court order then or is this a bad idea??? Link to comment Share on other sites More sharing options...
Melboy Posted July 4, 2007 Report Share Posted July 4, 2007 Just go to show how the legal system (judges in particular) are biased against Landlords even when the Landlord has a justifiable case for removing bad Tenant due to the Tenant's inexcusable behaviour. Time this repossession malarky was all changed and everyone was playing on a level playing field in my opinion. What was this particular Judge thinking about then? Bouncing cheques is an unlawful action and punishable in it's own right! Mel. Link to comment Share on other sites More sharing options...
GPEL Posted July 4, 2007 Report Share Posted July 4, 2007 Wonder what CAB would say... Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 6, 2007 Report Share Posted July 6, 2007 ........................................debt collectors...................................................!!! quicker ,more efficent ..............................balance the equation ..........................!! you know what i think of the above SxxTe! Simon Link to comment Share on other sites More sharing options...
GPEL Posted July 6, 2007 Report Share Posted July 6, 2007 I'm going to give these debt collectors a go. I have 2 court awards, one pre-judgement and one post-judgement with failed bailiff enforcement. Can DCs help with both of these? Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 6, 2007 Report Share Posted July 6, 2007 Hi Gpel worth a go - but the main reason it works for me, is the "threat" of using them, as opposed to "actually using " them -also i act quickly with good pre arranged, stated penalty clauses and systems in place - which all kick in as required! you have nothing to lose by talking to them ! Simon Link to comment Share on other sites More sharing options...
pugsy Posted July 6, 2007 Report Share Posted July 6, 2007 I've got to say that when I'm in this situation again, I will go debt collectors from day 1. The whole court process is so weighted in favour of the tenant and is so convoluted that it is difficult to work to your favour. As for the judge I got, he might as well have had I hate Landlords tattooed on his forehead Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 6, 2007 Report Share Posted July 6, 2007 HOORAY 2 CONVERTS IN ONE DAY !!!!!!!!!!!!!!!!!! You Still end up in court if DC fails though - but i find it an important preliminary (and fundamental) first step with almost 100% success rate........................Long before court AND long before debt is out of control AND virtually unpayable by Tenant............... Your thoughts ? Simon Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 7, 2007 Author Report Share Posted July 7, 2007 Hi Rodent Can you reconmend an DC firm. Do they still charge if they dont collect and if they do what % do they charge. Im fed up having letters enorred by tenants and only getting a reponce when you threaten them with s21 or s8 and then paying out £150 to the court when you follow it through. many thanks dave Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 7, 2007 Report Share Posted July 7, 2007 Hi Dave Try www.thornburycollections.co.uk and speak to Pete or Tom Tell them you got the info from Simon at "Pine Dungeon" Whitchurch Road -dont know how good they are on cases miles away from them, as they are based in SWales, but they did recover one for me in London. Cost, to best of my knowledge is 15% of monies collected (no collection= no fee) - ask them jow to make sure that the tenant pays this instead of you! Simon Link to comment Share on other sites More sharing options...
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