Hello, I am a solicitor with over 15 years experience. I will try to help you with this.
Not necessarily, can you tell me a bit more please?
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?
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?
A promise to leave will be unlikely to stop the proceedings.
yes, it's an accelerated possession case where I have an expired assured short-hold tenancy.
Yes, i's an accelerated possession case where I have an expired assured short-hold tenancy.
yes, It's an accelerated possession case where I have an expired assured short-hold tenancy.
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?
When is the hearing date?
I have just replied to form N5B on 1st Sep. 2014 and I do not know if there is a hearing or not.
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
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)