How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6718
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I am letting agent currently involved in possession

This answer was rated:

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.

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 1 year ago.
There was no deposit as there was a Council Bond in place.
Customer: replied 1 year ago.
Hi Jamie
There was no deposit as there was a Council Bond in place

Do you have a number?

Customer: replied 1 year ago.
01235 868438

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

Customer: replied 1 year ago.
no problem thank you.

Thanks.