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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4072
Experience:  Solicitor
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I am letting agent currently involved in possession

Customer Question

I am letting agent currently involved in possession proceedings against two tenants Mr S and Mr B who entered into an Assured Shorthold Tenancy of a property in February 2014 for 12 months.
After the term expired the Tenants contacted me to inform me that Mr S wished to renew the Tenancy but that Mr B wished to be removed from it. I prepared a new Agreement but it was never signed by Mr S.
Substantial rent arrears were incurred from October 2015 and I served a Notice under Section 21 Housing Act on Mr S only in May 2016.
Mr S ignored this and failed to make any payment. Mr B contacted me to inform me that he had been living at the property as a lodger and that he had been making rent payments to Mr S but that they had not been passed on to my firm.
Mr S left the property without notice and I employed an enquiry agent to trace him. I then successfully obtained a County Court Judgement against him for arrears of rent. This was also ignored by him. Mr B is still living at the house and has made no payment for several months.
I recently issued possession proceedings against both Mr S and Mr B because as far as I was concerned the terms of the original 2014 Assured Shorthold Tenancy remained in force as the more recent document was never signed by Mr S.
A hearing has been set by the Court but I am concerned that I may be required to serve a Section 21 Notice on Mr B thus providing him with a further two months of tenure.
My question is whether I should
a) attend the hearing in an attempt to obtain the order against at least Mr S
b) apply for an adjournment to allow service of the Section 21 Notice on Mr B or
c) abandon the claim and try to gain possession under the accelerated procedure in view of the fact that I already have a CCJ for most of the rent arrears and my present claim is really only for possession and the remainder of arrears incurred since the CCJ was obtained.
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Was the deposit protected please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
There was no deposit as there was a Council Bond in place.
Customer: replied 10 months ago.
Hi Jamie
There was no deposit as there was a Council Bond in place
Expert:  Jamie-Law replied 10 months ago.

Do you have a number?

Customer: replied 10 months ago.
01235 868438
Expert:  Jamie-Law replied 10 months ago.

I am just in Court, can I call when I get out?

Customer: replied 10 months ago.
no problem thank you.
Expert:  Jamie-Law replied 10 months ago.

Thanks.