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Possession Order help, please

I have a property where the tenants are currently 4 months in arrears and I have issued a section 8 notice to them

I am intending to seek a possession order but I'm concerned about getting the wording wrong, will the court just return my form to amend if there is anything they are not happy with or will I loose my £250 fee?
Jan 2010 - Overdraft £9,500 / Credit Cards £5,000 / Loan £9,500 / Mortgage £128,000
Jun 2010 - Overdraft £0 / Credit Card £0 / Loan £0 / Mortgage £125,250
Oct 2011 - Overdraft £7,000 :mad: / Mortgage £115,295
Dec 2014 - Overdrafts 15,000 / Credit Cards 16,000 / Loans 25,000 / Cars 18,000 / Mortgages 232,500
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Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No the first time you will find out the paperwork is wrong is when you attend court for a possession order, if the paperwork is incorrect you will fail and have wasted 3-4 months.


    Go seek professional help, a local solicitor will charges about £150 do do the paperwork for you, it's money well spent.
  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Or join a landlords association like the RLA or similar for a tax deductable £79 and use their template.
  • Thank you, I thought that might have been the case, I'm on maternity leave so I will need to wait until I'm back at work next month to pay for a solicitor.

    I did use a template for the section 8 so hopefully that part is ok.
    Jan 2010 - Overdraft £9,500 / Credit Cards £5,000 / Loan £9,500 / Mortgage £128,000
    Jun 2010 - Overdraft £0 / Credit Card £0 / Loan £0 / Mortgage £125,250
    Oct 2011 - Overdraft £7,000 :mad: / Mortgage £115,295
    Dec 2014 - Overdrafts 15,000 / Credit Cards 16,000 / Loans 25,000 / Cars 18,000 / Mortgages 232,500
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Court officials (if not too busy) can assist/advise with procedural matters, but not legal ones.

    They may advise, for example, on what a specific section/question on the form means or refer to, but will not tell you how to answer.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    laurasavon wrote: »
    Thank you, I thought that might have been the case, I'm on maternity leave so I will need to wait until I'm back at work next month to pay for a solicitor.

    I did use a template for the section 8 so hopefully that part is ok.

    You don't really need a solicitor. And this this cost will most likely not be awarded to you
  • If they are out of 6 months AST issue a s21 using one of the templates.
    This starts the ball rolling, S8 is rather complicated and can be appealed at court and some housing charities will fund them to appeal.
    S21 may take slightly longer but not if they chose to fight.
    I do Contracts, all day every day.
  • I didn't think I needed a solicitor as I have filled in the form online myself, just not clicked submit yet!

    I'm just worried that if there's anything wrong and it gets thrown out I will loose my fee. Is it just if the tenant challenges it that it could be thrown out or would the judge scrutinise it anyway?
    Jan 2010 - Overdraft £9,500 / Credit Cards £5,000 / Loan £9,500 / Mortgage £128,000
    Jun 2010 - Overdraft £0 / Credit Card £0 / Loan £0 / Mortgage £125,250
    Oct 2011 - Overdraft £7,000 :mad: / Mortgage £115,295
    Dec 2014 - Overdrafts 15,000 / Credit Cards 16,000 / Loans 25,000 / Cars 18,000 / Mortgages 232,500
  • I would strongly recommend joining a landlords association. Im a member of the NLA and have used their helplines to walk through various court scenarios
    . Its £80 well spent and its tax deductible.
  • Thanks all for your help, I've been in touch with a solicitor and sent him a copy of my section 8 to check over, just waiting for him to confirm its ok then will take the proceedings from there
    Jan 2010 - Overdraft £9,500 / Credit Cards £5,000 / Loan £9,500 / Mortgage £128,000
    Jun 2010 - Overdraft £0 / Credit Card £0 / Loan £0 / Mortgage £125,250
    Oct 2011 - Overdraft £7,000 :mad: / Mortgage £115,295
    Dec 2014 - Overdrafts 15,000 / Credit Cards 16,000 / Loans 25,000 / Cars 18,000 / Mortgages 232,500
  • fishpond
    fishpond Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    When you get the sols bill, would you be good enough to let us know roughly how much it was?
    I am sure it will more than £79! & you will possibly get passed on to an expert in these matters.
    I am a LandLord,(under review) so there!:p
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