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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Question: Could it be possible that the court didn't send him a letter with hearing

Customer Question

Question:
Could it be possible that the court didn’t send him a letter with hearing date details and the defence pack? Could the tenant appeal to the court because of that? (He could be lying that he didn’t receive, but we don’t know. In any case we sent him the court details).
Once the court order was given, what happens next? Do we receive the details of the decision and the tenant also receives the letter? Can we, or do we need to write a letter to the tenant and say he still has to go out on 29th December?
What if he doesn’t move out by 29th December? I hear the bailiff service could take 5-10 weeks. Is that so? In that case, is it better if we ask him to voluntarily go out on the 28th January which is the date he offered? Is the eviction order and the money order still valid in that case? We don’t want to take a chance that he could be appealing to court because of not receiving hearing date details from the court, as it will then take ages to start from the beginning.Thank
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Background:
Our tenant did not pay rent for a year and we asked him to pay on 28 Sep 15 which he ignored. We have given Section 8 notice on 29 Oct, and we set a court date on 15 Dec. We sent him an email with court address and time. From the UK gov website, we understood it’s the court’s responsibility to send him a letter with court hearing details and defence pack. Just a day before the court date, he contacted and said he has not received the letter from court on the hearing, and also he can only vacate as of 31 Jan 16. But we cannot afford and said no we can’t wait till Jan, and proceeded for the court. He did not appear in the court, and the court ordered an eviction order within 14 days (that is 29 Dec), and a money order for rent arrears plus the court cost.Question:
Could it be possible that the court didn’t send him a letter with hearing date details and the defence pack? Could the tenant appeal to the court because of that? (He could be lying that he didn’t receive, but we don’t know. In any case we sent him the court details).
Once the court order was given, what happens next? Do we receive the details of the decision and the tenant also receives the letter? Can we, or do we need to write a letter to the tenant and say he still has to go out on 29th December?
What if he doesn’t move out by 29th December? I hear the bailiff service could take 5-10 weeks. Is that so? In that case, is it better if we ask him to voluntarily go out on the 28th January which is the date he offered? Is the eviction order and the money order still valid in that case? We don’t want to take a chance that he could be appealing to court because of not receiving hearing date details from the court, as it will then take ages to start from the beginning.
Appreciate your advice!
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
Did you get an order for possession? If so, when was that please? Have you had the court order?
Customer: replied 11 months ago.
We have been told by the judge we are given possession order and a money order yesterday (15 Dec).
Customer: replied 11 months ago.
But we do not have the written confirmation yet. Not sure if we are supposed to receive it by post.
Expert:  Ash replied 11 months ago.
Ok. Yes you will get it by post. Once you get the order then you can either send in high court enforcement officers to evict or county court bailiffs. But you must evict only using one of these. The defendant will also be sent a copy of the court order.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 11 months ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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