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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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My tenant abandoned the property and would not answer any

Customer Question

Hi, my tenant abandoned the property and would not answer any emails or messages to confirm if she had terminated the tenancy agreement. As such, I applied to the court for a possession order, as she would not tell me where she moved to I had no address except the property she was a tenant for and therefore notices went there. I attended court and the tenant did not. I was awarded the possession order and a money order. After the hearing yesterday the tenant has been in contact to advise she has called the court and told them the possession order is not fair as I knew she had moved out earlier. She has advised the court will be in touch. What action can be taken now, would the court revoke the order even though she has confirmed she doesn't live there any more?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
She has also stated she is counterclaiming - i'm not sure what she is eligible to counter claim for?
Expert:  F E Smith replied 9 months ago.

If you didn’t have a new address,then the last known address (the property) is good for service. The court assumes that will have their mail forwarded. However, if she makes an application to set aside the possession order, the court will have to hear it and you will have to defend it.

I can’t understand why she is applying to set aside the order if she has already moved out.

Obviously, we have no idea what she is counter claiming until she issues her counterclaim which could before anything, lack of repairs, compensation for failure to protect deposit, a whole load of different things including things that she may allege which are not actually true and you would have to defend.

If part of your claim was for rent which she had not paid, she will also struggle to prove that she has paid the rent if she hasn’t.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails.

Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi, Thanks for you response.
Is there a formal process she needs to go through to have the possession order set aside? Would the court accept an application to set aside when she has confirmed she doesn't live at the property anymore?The property is currently up for sale, is it correct now that the tenant has confirmed she terminated the agreement and no longer lives there the owner can go ahead with the sale of the property. Would any legal proceedings in relation to the possession order or money order affect this?Also, sorry one more query, can the money order be appealed?Thanks
Expert:  F E Smith replied 9 months ago.

There is a formal process. She will have to make a formal application to the court and you could apply to have the application to have the order for possession dismissed on the basis that she doesn’t live in the property any more. I can’t think for one moment why she is doing that.

There is no reason that I can see why you should not go ahead with the sale of the property.

She can apply to have the money order set aside if she has a good reason as to why she didn’t turn up in court and she can prove to the court that she has a reasonable defence to your claim.

Customer: replied 9 months ago.
Thank you for your help
Expert:  F E Smith replied 9 months ago.

It was my pleasure to assist you.

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