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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I let cottage on a six month short hold tenancy beginning 14th

Customer Question

I let cottage on a six month short hold tenancy beginning 14th of February 2014.
No rent whatsoever has been paid.
A section 8 and section 21 were issued and the case came to court on 2 June 2040.
The judge said that the day prior to the hearing a letter had been received from a Dr saying it was possible that the tenant may not mentally be able to cope with a hearing. The judge then postponed the case and gave the doctor/tenant until 30 June to clarify the tenants mental capacity.
In my view the judge came to a wrong decision. The tenant has a contract which has not been fulfilled. And apart from not paying any rent, they have a dog and several reptiles as pets whereas the contract said no pets and they have dug a pond in the garden. The tenants mental capacity is not my concern am I right?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You have issued proceedings in the name if the tenant though right?
JACUSTOMER-dumucw89- :

I've issued proceedings section 8 and section 21 and had a hearing on 2 June 2014 is to judges decision I'm questioning

Alex Watts : It's bad news,
Alex Watts : If you issued proceedings and there is a question over mental health then yes it is your convern
Alex Watts : Concern
Alex Watts : The court considers he does not understand or there is a mental health issue the rules state that no step in proceedings may be taken without a litigation friend, court of protection solicitor or the court is satisfied there is no issue.
Alex Watts : So whilst there is nothing you can do at this stage, it is a matter that concerns you.
Alex Watts : I am sorry if this is not the answer you want a d certainly not the one I want to give you I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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JACUSTOMER-dumucw89- :

I have spoken with another solicitor, and two barristers who specialise in property law in the High Court.

JACUSTOMER-dumucw89- :

I have spoken with a solicitor and two barristers who specialise in property law at the High Court. They all independently state there is no defence to the section 8 notice the tenants are in breach of contract the mental health act does not apply

Expert:  Ash replied 6 months ago.
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