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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have submitted an N5B to the court for accelerated possession

Customer Question

We have submitted an N5B to the court for accelerated possession of a property and the the tenant has sent back their defense agreeing to our claim though asking for a delayed possession and fees to be set aside due to financial circumstances and having a having a young child. QUESTION The paperwork mentions the case will no go to the judge for a decision so does the landlord not have another opportunity to respond to the tenants defense ?

And if not sure if the paperwork is agreed by the tenant personal and financial circumstance should not be taken into account ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Would I be correct to believe that the court has accepted your s21 is valid please? I would assume this is the case if the application has been accepted by the court.

Customer:

yes

Joshua :

thank you. As you will be aware, there is no defence to a possession claim under section 21 and the court must order a possession order where a section 21 claim is valid. The court has no discretion as to delaying the order for possession or costs unless you can be shown to have acted vexatiously in some respect for example by abusing the courts process which I would be sure would not be the case.

Joshua :

accordingly, providing your section 21 notice is valid, the court must order possession and costs against the tenant and cannot delay possession despite the tenant request. there is therefore no need to respond to the tenants defence however you may do so if you wish; you can do so by sending a response to the court with your numbered comments upon their defence insuring you include the case number XXXXX parties on your statement

Joshua :

is there anything above I can clarify for you?

Customer:

no, thank you for your assistance

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Joshua,


 


Sorry somehow my question has been picked up by another member however the possession has been granted with costs however they have requested a hearing to delay the possession, what grounds could they now do this if we have acted in the correct manner ? From what you have said it looks like none, possession due 14days,

Expert:  Joshua replied 2 years ago.
Sorry I am not sure what went wrong. The only grounds the tenant can request a delay are on the grounds of exceptional hardship and ask for a delay of up to 42 days. There is a high test for exceptional hardship and the courts will only consider this request in the most serious of cases. There is no defence to the possession order.

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