Grampa Posted January 9 Report Share Posted January 9 Just been to a section 8 (rent arrears) eviction hearing acting as the landlord as the property in question was above our office and part of our lease. The judge wanted to strike out the case as he believed the notice period relating to the date court proceeding could start which you fill out on the S8 notice should be the same as a rent period. Had to give the judge a Housing Act lesson and explain it had no bearing on the rent period and the 14 days given was stated in the Housing Act. The judge was also looking for a reason to strike out by questioning if the tenant had originally received the S8 notice or not. I explained 2 copies were served on the tenant via Royal Mail (cert of service and signed for) and the judge had both certificates in front of him. Luckily, I also had an email from the tenant confirming receipt of the notice. The judge then tried the same argument again regarding the court paperwork which is sent later by the court and had the tenant received it. To which I explained it was the court service responsibility to provide that to the tenant not the claimant. But "as it happens judge I also have an email from the tenant acknowledging receiving the court paperwork". It makes me so bloody cross the judges don’t know their arse from their elbow for basis basic housing law. It was still hanging in the balance and I think only because the tenant didn’t turn up was the only reason why the judge granted the possession order. Quote Link to comment Share on other sites More sharing options...
Carryon Regardless Posted January 9 Report Share Posted January 9 Grampa you demonstrate nicely the increasing risk to us. We pay for the court claim, and yet the court will happily cause us to lose that for no benefit, as well as the other losses already suffered. Was this a socialist area? I've been disadvantaged in the Rhyl courts 3 times. It really makes me believe that that court 'service' doesn't want my business. Quote Link to comment Share on other sites More sharing options...
Grampa Posted January 9 Author Report Share Posted January 9 4 hours ago, Carryon Regardless said: Was this a socialist area? No it is a true blue area. The judge was pleasant enough (compared to a lot of others) but just didn't know the basic requirements of how to fill out a standard prescribed form. Its common practice I find for the judge to ask at least one irrelevant question that could potentially scupper the hearing if you say the wrong thing. You just have to be prepared as much as possible for every argument that's why I took with me: Emails from the tenant Case law regarding definition of "undue hardship" which can delay a possession order Details of the law that confirm the latest "How to rent Rent" guide doesn't need to be provided to tenant for a contractual periodic tenancy compared to SPT Maintenance record. Details of the law relating to 14 day possession order after judgement as some judges try to get away giving a month and you have to request/firmly 14 days. The worrying thing is this judge was sitting on eviction hearings all morning. Quote Link to comment Share on other sites More sharing options...
kanrent Posted January 9 Report Share Posted January 9 Seems the courts are heavily on the side of the tenants Quote Link to comment Share on other sites More sharing options...
Melboy Posted January 10 Report Share Posted January 10 13 hours ago, kanrent said: Seems the courts are heavily on the side of the tenants As always. Fortunately I have never had to do an eviction through the Courts but I am of the opinion if I ever do have to I will employ a professional organisation like Landlord Action and just suck up the expense. So much hassle otherwise that I could do without. Quote Link to comment Share on other sites More sharing options...
kanrent Posted January 12 Report Share Posted January 12 On 1/10/2024 at 2:19 PM, Melboy said: As always. Fortunately I have never had to do an eviction through the Courts but I am of the opinion if I ever do have to I will employ a professional organisation like Landlord Action and just suck up the expense. So much hassle otherwise that I could do without. Do you know if it possible for some professional to appear in court in one's absence, as a court appearance in my situation as a non residents would be very difficult. Quote Link to comment Share on other sites More sharing options...
Grampa Posted January 12 Author Report Share Posted January 12 5 hours ago, kanrent said: Do you know if it possible for some professional to appear in court in one's absence, as a court appearance in my situation as a non residents would be very difficult. Yes you can sent a legal representative but I believe they have to be qualified. With the s21 route it isn't necessary as a hearing isn't required unless a defence is put in by the tenant. Quote Link to comment Share on other sites More sharing options...
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