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SECTION 8 GROUNDS 10/11


SPEEDTWIN

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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

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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

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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???

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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.

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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

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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

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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

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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

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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

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