Mortitia in court for possession under Section 8

[Mortitia]

For the uninitiated Section 8 is where the landlord goes for possession when more than 2 months rent is owing. In this case just over 2 months were owing. I had issued Section 8 and Section 21 through a solicitor and that had accrued fees of £995. Under Section 8 the judgement given includes the fees/costs so if tenant has funds this is the way to go and save yourself loads of grief over dates and service. Always address the judge and' Sir' and use the phrase ' with respect Sir' when you want to interject.

The case was set for 10am as well as 2 other cases and finally got in front of judge at 10.30. The previous day I had left at the court my witness statement which said I was asking for possession under S8 and details of tenant barracading himself in and refusing all contact ending with a request for 'immediate possession'. I kept this to 1 page of A4 in size 16 print - easy for judge to read. I also included an copy of the AST and a 'schedule of debt ' also in big print detailing the arrears and ongoing arrears now tenant was on part housing benefit. I also detailed how much per day it was costing him to stay at the property as this could be added to the arrears depending on when judge says he has to vacate. ( I didn't realistically think I would get immediate possession).

Tenant turned up and immediately launched into a diatribe on why he should live there, jobless and on part HB. He had written 2 letters to the court but did not have the medical certificate as I had predicted Judge asked him how he intended to pay the arrears which were just over £1550. Tenant said he had £500 in cash to reduce the rent debt immediately but judge then hit him with my £995 legal costs which floored tenant as he thought I had to pay my own costs. ( I later learnt that if tenant had paid £500 in court the previous days as rent the S8 could have failed.) Tenant agreed to give me £500 on the spot and pay the rest of at £10 per week.

Judge then asked if I wanted possession under Ground 8 - I said yes and the judgement was given. Tenant was given 21 days to leave. I respectfully objected saying he would probably not leave and I would have to wait another 3 weeks for the bailiff but judge said I could apply for the bailiff now and let the notice and bailiff wait time run together. ( Actually carrying this out today has been impossible and I have had to write to the court for clarification of the judge's instructions).

I thought the judge was very sharp, fair to me and saw through the tenants slimey presentation.

[Melboy]

Well done Mortitia!

Just a pity YOU have to go to all this trouble and cost to get rid of one Scumbag tenant who believes the World owes him a living and a roof over his head at your expense.

Mel.

[LLAW96]

I'm afraid your judge was wrong, if you apply for a warrant in such circumstances it will be void.

[Mortitia]

Thanks Mel and Law.

Bailiff - yes Law, the counter staff at my main court office said the same but are constantly having people like me coming in saying this judge has told them they can apply. Staff person told me to write in to judge and court office for clarification - which I have done today.

I know this tenant will not leave willingly so it will mean another wait. Grrrrr.

Just shows you judges get it wrong too.

Mortitia

[Grampa]

Well done for getting the possession order.

But why did the judge give 21 days and not 14?????

I wonder if the judges have had direction from above to stretch out the possession orders if they can to help reduce homelessness cos i guess a week or two extra could make all the difference when trying to find another place to live.

[LLAW96]

The judge was also wrong in relation to costs and it would seem making an order under ground 8. As stated previously if he wanted to make an order beyond 14 days he would have to made a finding in relation exceptional hardship otherwise the maximum is 14 days. Just wondering whether he was a Deputy District Judge rather than a full time DJ.

[Mortitia]

I will know the status of the judge soon as I have written to him and the court officers asking for clarification on the bailiff matter.

LAW - agree about costs and ground 8. He actually looked directly at me and said 'do you want an order for possession under Ground 8' - I was not going to say no but maybe giving tenant 21 days was a bit of leeway. Really he should not be making it up as he goes along.

I suppose there is always a chance tenant might appeal (if her can?) He has had so much time to get out but cannot accept it.

Mortitia

[Carryon Regardless]

I really am pleased your court experience felt beneficial.

Reading the responses it seems as though you agree that the Judge although sympathetic is an ass. If we aren't able to rely on the directions of the court where is the point of using the 'service'.

Where the Judge is wrong and the defendant can appeal it seems to me that you will be disadvantaged by the result rather than 'win' you could lose the costs of that day and more ahead. I hope the defendant is too lazy to do the research.

At least you got £500, excellent. In fact that alone would make the day worthwhile if it were not for your legal costs, any embarrassment inflicted on the scummy T is a nice bonus.

Awarding you £10 per week is near useless unless he actually willingly pays.

The court, I was told, don't deal with these payments any longer, so you would be required to pursue via the Bailiff. You would likely allow the sum outstanding to accrue before putting such effort in, then he will claim not to have the dosh, and this dosh would be greater due to Bailiff costs (expended by you).

I am interested in future developments here as I'm sure we all are. I wish you the greatest of success, we all deserve it.