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Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.
for background - what did you rent out and why did you not have an AST?
why did you need to evict them?
I don’t whether I’m missing something, but if you now have the key and have possession of the property, wide you want to continue with a possession claim?
If you are just pursuing rent, then it is Small Claims Court.
It isn’t a possession claim because you have possession.
If it’s now been passed to the Small Claims Court, then you are presumably trying to recover outstanding rent and you can ask the court to award the costs of the possession proceedings up to the time you had to drop them.
I can’t see what the problem is or why you want it particularly to stay as a possession claim.
Thank you. If that is the way the judge has decided it’s going to go, then that is the way it has to go. You are correct that the possession claim is in two parts, possession and also money/unpaid rent et cetera.
You can always appeal the judges decision to be honest, I think it’s probably going to be a waste of time and it’s certainly going to be far slower than simply carrying on as you are because do remember, that if your claim is successful, you will recover the court costs
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