How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

I have just replied to claim form for possession of property.

Resolved Question:

I have just replied to ''claim form for possession of property''. Is my case will be canceled by the court If I have informed the court that I will leave the property now before I receive the order from the court?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Not necessarily, can you tell me a bit more please?

Customer:

I have replied to form N5B ''Claim form for possession of property''. My question is what will happen if I have left the flat now before I receive the order letter from the court to leave the flat?

LondonlawyerJ :

If yo actually leave and formally surrender the property (eg in writing and by returning keys etc.) then there would be no reason for the case to proceed, except perhaps to deal with the question of costs bu those would be small at this stage of the case and probably not worth pursuing. Is this an accelerated possession case where you have an expired assured shorthold tenancy?

LondonlawyerJ :

A promise to leave will be unlikely to stop the proceedings.

Customer:

yes, it's an accelerated possession case where I have an expired assured short-hold tenancy.

Customer:

Yes, i's an accelerated possession case where I have an expired assured short-hold tenancy.

Customer:

yes, It's an accelerated possession case where I have an expired assured short-hold tenancy.

Customer:

Yes, It's an accelerated possession case where I have an expired assured short-hold tenancy. I have sent a letter by my solicitor (by CAB) but the estate agent who managing the flat not replied since last Friday evening. So, what I can do to leave before the court order?

LondonlawyerJ :

When is the hearing date?

Customer:

I have just replied to form N5B on 1st Sep. 2014 and I do not know if there is a hearing or not.

Customer:

item 5 in N5B, on 02/06/2014 a notice in writing saying that possession of the premises was required in accordance with the 6 months break clause in the tenancy agreement

Customer:

In my reply in defence form, N11B section 9, I have listed the following details:This property has not been used for any illegal activities. I have paid £5,941.67 to cover the deposit plus the first rent in advance as required by the agent and once I received the flat keys, I discovered that there was no running water from any of the taps, no heating working and a non-functioning water boiler. The flat was not in a state at which a family with 3 children, including a baby, can occupy and the agent, has refused my request from day one to return all the deposit and the month rent in advance (£5,941.67) upon the discovery of the appalling state of the flat. They have threatened that I would have lost the large sum of £5,941.67 if I were not to live in the flat and therefore, I have no other choice rather than to remain in the flat until the contract finishes in December 2014. There was no other choice rather than to contact the Council to help me. Also, I have attempted to contact the landlord but, unfortunately, there were no contact details available. In fact, there is no existence for this landlord in the listed address in the tenancy agreement. in the additional information section, I have listed the following details;

This Landlord not existing in the listed address either in the tenancy agreement or in the claim form (N5B). Please, find attached the report I have got from the land registry. The landlord and the agent have breaching the tenancy agreement since day one to give me the flat not ready to be occupied by any human (without water, hot water & heating) and they are refusing to cover lot of the required repairs as requested by the council officer. Please, find attached the reports and letter I have got from the Council. I have confirmed to the agent that I will move out from this flat by the end of the contract in December 2014 to find more suitable flat during the lower properties market in November and December from each year. I was rent a flat in Surrey for around 6 years. (Please, see attached a reference letter from my previous landlord)

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice