Am I liable for court costs if I left before possession order

macman

squizz11 said:

wasn't given the chance to enter a defence,  how can I when I'm not notified of a date

I was given the s21 and all was in order.    nothing else after

If I understand correctly, you didn't supply a forwarding address, so the LL served to your last known address, which is all they are required to do. No grounds there for a set-aside.
The LL can apply for a possession order as soon as your notice period expires, which he apparently did: he's not obliged to wait for your references etc to go through. 
You are entitled to remain in occupation after the end of your notice period, but it's not without financial risk, which you presumably realised.

squizz11

steampowered said:

This sounds like a situation where you would want to see a solicitor, or go to a different forum where people are more specialist and better able to help you with court issues. You could try the Consumer Action Group forum which has some really knowledgeable people on this sort of stuff. You could try going to a Citizens Advice Bureau.

There are lots of people who have given well meaning but incorrect advice in this thread. If you have actually received a court order granting possession (that's a big IF !!!), then it is frankly irrelevant what your contract says or what the underlying circumstances where as this has already been through the court process and the court has made its decision.

Have you actually received a court order though, or is it just the landlord serving notice that they are seeking a court order. Important to get to the bottom of that.

how do I know the difference,   I left a month ago and he obviously failed to tell the courts that.

the wording indicates a court order as ot says " the court has ordered you to leave the premises by the date stated."

penners324

Have you got your deposit back? 

penners324

Sounds like you respond to court saying the possession order was frivolous as you'd moved out as per your correspondence to the landlord.

squizz11

penners324 said:

Have you got your deposit back? 

no not yet ,   he's claiming most of it , which I am currently disputing.    

Gycraig

How much is he trying to charge you ?? Can’t be that much if you moved out before bailiffs etc were involved ? 

squizz11

Gycraig said:

How much is he trying to charge you ?? Can’t be that much if you moved out before bailiffs etc were involved ? 

£464 for costs and £1800 from the deposit.  it's alot to me 

rachel230

Join Landlordzone and ask on there. They are knowledgeable and helpful. They will give you straight and factual answers.

steampowered

squizz11 said:

how do I know the difference,   I left a month ago and he obviously failed to tell the courts that.

the wording indicates a court order as ot says " the court has ordered you to leave the premises by the date stated."

It sounds like you have actually received a court order telling you to leave. 

Unfortunately, this renders much of the well-meaning advice you have received from other forumites in this thread as incorrect. The time for claiming that a repossession claim is "frivolous" as another poster suggested is BEFORE the court makes its decision. 

The first thing I would do is call up the court to try and get as much information as possible about what has happened. Perhaps go down to the court to see if you can get a copy of the documents on your file. You want to find out what court orders have actually been made; what hearings have taken place and so forth - anyone knowledgeable will need that information to advise you.

I would then take that documentation to a solicitor or to the Citizens Advice Bureau. Also try the Consumer Action Group forum or perhaps the Legal Beagles forum where there are some very knowledgeable people who understand how the court system works. 

You might be able to apply to have the court order set aside, but it is more difficult to do that than it is to defend possession proceedings in the first place and you must apply promptly.
 

steampowered

macman said:

If I understand correctly, you didn't supply a forwarding address, so the LL served to your last known address, which is all they are required to do. No grounds there for a set-aside.

The Civil Procedure Rules say that "where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business".

If the LL served proceedings on the previous address knowing that the Defendant was not resident there, and cannot prove that they made every attempt to contact the Defendant and find out the correct address, that is not valid service and is absolutely grounds for a set aside.

Claimants can't just serve proceedings where you know someone won't get them on a technicality and expect to get away with it!

Obviously not guaranteed and you have to apply for it, but grounds nevertheless.

And even if proceedings were validly served, courts still regularly grant set asides.