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I’m unclear on the difference in timescale of these two options. Assuming the tenant defends the notice and claims hardship due to family of four children and supposed pregnant wife, is there actually any difference. Is that kind of hardship claim going to stand up and should I mention over two months rent arrears although I would rather gain possession than worry about rent arrears. Thanks for any help.
If you just want possession without rent arrears, then accelerated is the way forward. it’s usually possession without hearing. I say usually but if the tenant files defence, then there will be a hearing.
I have a question.
I am a landlady and i paid a solicitor to get me a notice for possession
Its been granted. Tenant is still in situ . My solicitor has applied for bailiffs
My tenant is using free Shelter solicitor advice . How does my tenant know what date he was supposed to be out and what my solicitor has applied for?
Patricia the court will inform the tenant as it has informed your solicitor. Ask your solicitor to send you a copy of the court order, something that should have been done by default. The solicitor keeps a file on your case and this file belongs to you so you can demand the file (not a copy) at any time.
Thank you David
I served a simple S21 on 9th August 2017 on one of my tenants. The Warrant of Possession order application from the judge was granted on 9th February 2018. The courts are really behind and jammed with paperwork. I was told that my courts are dealing with 50 evictions a day . As a consequence my tenant knew BEFORE I DID that there was a date that he should be out. I found out out 3 days after the event. Tenant did not move. So my solicitor applied for a bailiffs warrant at my request. I have not heard anything from the bailiffs . . My solicitor was chasing up a date for the bailiffs warrant and told me that a hearing has now been arranged in front of the judge for the tenants application (that has just turned up -over 2 months later ) for everything to be set aside.
I won my case, the judge threw it out because his defense was not law and said the tenant had to pay my costs . The judge had to give my solicitor a copy of the defense at the court because we hadn’t got a clue what the defense was . Absolutely frightening that we have a court system like this.
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