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what happens at court for repossession?

im a private landlord and have gone through solicitors who have been very good and sent out notices 8 and 21 for my tenants who are now 5 1.2 months in arrears. we are now going to court on friday 11th november as there had been no contact from the tenants regarding arrears.

unfortunately i didnt secure the deposit straightaway, and i know this was a big mistake!!! will this be dealt separately from the main court claim that we are pursuing? Will she have to take us to the small claims court?

i have spoken to the council today as my tenant told me she was going to claim housing benefit to help her sort the situation. they have told me that she tried claiming in january and was ineligible and hasnt tried claiming since!!! i am unable to find out whether she has at last started paying for council tax since she has been in the property, but i understand that due to data protection.

i have made no contact with her since october when we had arranged to collect the last lot of rent. we havent just turned up the arrangements were made by both parties.

im just wondering what to expect at court. any advice etc would be appreciated? im going in to hospital tuesday next week but will make sure that i turn up on friday. my solicitors are going to ring to tell me who will be representing me. how long will it last for aswell.

many thanks for your help. and taken advice from another post i made and thank those for showing me how naive i was.

Comments

  • N79
    N79 Posts: 2,615 Forumite
    If your S21 is valid then that part will take about 30s for the judge to sign a possession order. For the s8, it will take a few minutes for you to present evidence of the money owed. If the T does not submit a defence (eg I paid - here are my receipts) then it will take about 5 minutes for the second possession order and CCJ for the outstanding rent.

    Of course, the court will allow the T time to present their defence to the S8 and this could take as long as the court is prepared to allow.

    If the T counter claims for non deposit protection then this can be dealt with at the same time. Note that there is no right of set off against the arreas. Ie if T wins you will have to pay them 3 times the deposit and they will have to pay you the arrears as seperate issue - the court will not subtract one from the other. Of course, this means you may have to pay you T more money while knowing that you have no chance of the T paying the arreas but of course you now realise that if this happens it is your fault for failing in your obligations as a LL.
  • kazbabe
    kazbabe Posts: 49 Forumite
    thanks for being blunt, i have learnt my lesson big time, thank you. i had a feeling that would happen.

    how would payment be made for the ccj? would the tenant pay direct to me or to the court for the arrears? cant see her paying me at all!!!
  • how would payment be made for the ccj? would the tenant pay direct to me or to the court for the arrears? cant see her paying me at all!!!
    http://www.landlordzone.co.uk/dir/debt-collection.htm


    You now need time, money & patience,...and, if i may suggest, extreme politeness when you eventually meet the individual after you've got some money from them.. a cheery & polite "Thanks for the money" will make you feel great & them possibly not...
    http://www.landlordzone.co.uk/dir/debt-collection.htm


    Your best bet is to find where they are working/living and hope they have a PaYE job then arrest the wages...
  • kazbabe
    kazbabe Posts: 49 Forumite
    unfortunately she gave her job up due to illness!!
  • kazbabe
    kazbabe Posts: 49 Forumite
    just remembered her son works and he is on the tenancy agreement!!!!
  • N79
    N79 Posts: 2,615 Forumite
    kazbabe wrote: »
    just remembered her son works and he is on the tenancy agreement!!!!

    You will only be able to chase the son if you named them as co-respondant on your s8 application. (Which presumably you did).
  • kazbabe
    kazbabe Posts: 49 Forumite
    yes i did name both of them on the s8 and s21.
  • kazbabe
    kazbabe Posts: 49 Forumite
    have just been sorting my paperwork out for next week and found an error on the adding up of the rent, the statement has already gone off to court etc. am concerned as i have now amended a new one and uptodate. i guess this may change things again!!!:mad:
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If your tenant gave up her job due to illness, is she claiming housing benefit then not passing it on to you? Not sure how you could find this out, but she could be in trouble for that.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • kazbabe
    kazbabe Posts: 49 Forumite
    i have managed to speak to the council regarding housing benefit. and told them i was the landlord of the property. they did inform me that she tried claiming in january and she was ineligible. and hasnt tried claiming for anything since!!!! do you think i could use this information at the courts?? or would they feel that it is data protection and i shouldn't of been told.

    i was asking about forms being sent out for the landlord to sign or check due to the property for housing benefit as i had heard they need to check things with the landlord. but he said they dont, they just need the rent agreement.
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