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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hi, I have served a section 8 notice to evict a tenant and

Customer Question

Hi, I have served a section 8 notice to evict a tenant and to obtain a judgment for arrears of rent and other costs incurred. The notice period will expire shortly. To date the tenant has not left the property or paid any of the arrears.

If I incur the costs of submitting the case to the court once the notice period expires and then the tenant willingly leaves the property after that, but before the case gets to court, can I continue with the section 8 case just to obtain a judgment for the arrears etc. as obviously there will then not be an eviction needed. Or, do I then have to stop the section 8 case and go to the small claims court via a claim for the outstanding money. Thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Yes, you can continue the court proceedings once the tenant has left in order to seek your arrears etc.

tdlawyer :

You won't need the eviction, which is fine, but you can still use the proceedings to get your rent arrears order.

tdlawyer :

It's only really accelerated s.21 proceedings you can't do this with - so you're fine with what you're intending.

Customer:

Hi Tony, Thanks for the prompt reply and confirmation. Much appreciated. Chris.

tdlawyer and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi again,


 


With reference to my previous question you kindly answered, I have now submitted an on line possession claim to evict my tenant because of rent arrears and to claim the arrears etc. and the court hearing has been set for 3rd April. In addition, I have been trying to inspect the property for some time but the tenant won't let me and now says I will have to wait until the day he leaves the flat (no idea when that will be yet).


 


Under the tenancy agreement, the tenant is required to let me inspect, but also I can't inspect without his permission which he won't give so I'm going round in circles! Given the eviction proceedings I am beginning to get concerned about what condition I will find the flat in. Is there any way I can get in to inspect the property or do I now just have to wait until the court evicts him or he leaves.


 


Thanks, Chris

Expert:  tdlawyer replied 3 years ago.

You could seek to enforce the agreement by way of injunction application - seeking an urgent injunction to gain access.

People don't usually do this, because of the cost and complexity, but it's possible to do. If you chose to do this, then you would need to complete Form N244 (Application Notice) seeking an interim injunction to gain access to the premises as per the contract.

The legal principles can be difficult, and if you're minded to do this, I would encourage you to instruct a solicitor.

Tony

Customer: replied 3 years ago.

Hi Tony,


 


Thanks for that. There doesn't seem much to be gained by trying to go down that route given the court hearing is only a few weeks away and I am trying to minimise costs.


 


As far as the court case is concerned, I don't believe the tenant will be defending the fact that he is in arrears and he may well leave the flat anyway before the hearing. I have asked in my claim for the arrears, interest and costs for the claim, plus costs of issuing section 8 and also a further months rent if I am unable to relet the flat because of lack of time following eviction. It was a 12 month tenancy and only 6 months in at the moment. Could you advise whether this is likely to be seen as reasonable by the court. Also the tenant says he intends proposing a payment plan to the court. How do the courts normally deal with that as so far he's made excuses all the way along the line and paid nothing. I would be happy with a reasonable payment plan as long as I get him out, but what would happen if he then defaults? Thanks, Chris

Expert:  tdlawyer replied 3 years ago.

If you have 2 months or more in arrears, then this is a mandatory ground for possession - the court must evict him.

If, however, he has less than this, the court has a discretion whether to evict him or not. It might suspend possession based on a reasonable repayment plan.

You wont get further rent now until you crystalise your losses, as at the moment, you dont know that he is going and whether and when you would re-let. You'd have to issue another claim for those sums later or adjourn the monetary element of damages to see how long it takes to re-let.

Tony

Customer: replied 3 years ago.

There shouldn't be a problem with the eviction as he is 3 months in arrears at present and will be 4 by the court date.


 


Assuming they confirm eviction, how do they then normally view a repayment plan for the arrears? As I mentioned I would be happy with a reasonable one, but not sure what I have to do if he then doesn't stick to it. Do I have to then go back to court?

Expert:  tdlawyer replied 3 years ago.
It varies with the judge as the court has an absolute discretion. It will largely come down to affordability though, the tenant will need to show what he can pay and when, otherwise, you should get an order that it all be paid within 14 days.
Customer: replied 3 years ago.

Thanks for that.


 


Finally! Should I just take the up to date rent arrears schedule to court with a note of the other things I wish to claim or do I have to issue anything further to the court or tenant in advance of the hearing?

Expert:  tdlawyer replied 3 years ago.

Take the up to date schedule with you to the hearing, that's all you should need.

Tony

Customer: replied 3 years ago.

Thanks very much for your help. Excellent service. Have a good night, Chris

Expert:  tdlawyer replied 3 years ago.
Thanks Chris - have a great evening.

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