Any case law of eviction prejudice against landlords?

by Readers Question

17:19 PM, 24th February 2021
About 2 months ago

Any case law of eviction prejudice against landlords?

Make Text Bigger
Any case law of eviction prejudice against landlords?

I am desperately trying to find anything I can use to show to the courts that ANY further delay in a possession claim (as caused by the courts themselves delaying making a final decision/or by the defence continually requesting delays to a hearing) is totally prejudicial to me the claimant.

I have a case where a S21 & 8 were issued on Nov 19th and still, no eviction is insight. Rent arrears are only a small part – the biggest issue is the tenant damage to the property which can be shown to be the case on Nov 19th and persistently ongoing to date. More damage has been caused over lockdown and damage costs risen. An indep quote for the damage rectification (only as far as can be seen at present) stands at £12k. The tenant still has pets, is still smoking in the property and on the last visit (to accompany the indep quote chap who came out) weed was being smoked too.

The stress is unbelievable – I have taken this on as my parents (both over 75) simply can’t cope with this. They are not sleeping well and worry about the true cost of the damage once the tenant is out. This is going to eat into their savings to put right, to the point they might have no other choice than to sell when she is evicted.

Can anyone point me to any case law/judgements that were made in favour of the landlord that they are aware of where the denial of eviction is in total prejudice to the claimant?
Thanks

Reluctant Landlord

Comments

DSR

8:08 AM, 25th February 2021
About 2 months ago

that should read S8 & S21 issued in Nov 2019 not the 19th!

The Forever Tenant

11:19 AM, 25th February 2021
About 2 months ago

I don't know if you would be able to find previous case law with regards to landlords and tenants, but have you considered looking for case law for similar situations in other areas of business?

Maybe you can find a civil case in relation to something else entirely where delays caused additional financial costs and apply it to this situation?

I suspect that any attempt to claim costs from the court would be argued by them currently as Force Majure and would go nowhere. I wonder if you could claim additional costs due to the defences continuing delay. That may be an avenue to consider.

DSR

11:27 AM, 25th February 2021
About 2 months ago

Reply to the comment left by The Forever Tenant at 25/02/2021 - 11:19
not interested in costs. We are talking a benefit tenant funded completely by LA, so I have no chance whatever the outcome. I want to point to the more serious effects that the delay in getting the tenant out is having on the claimants mental health. The fact that the tenant cant afford to live there going forward as her circumstances have changed so she doesn't get as much UC rent allowance (and therefore her top ups will rise - of which she is in arrears with as they are now anyway), the fact that she continues to trash the house regardless, and is now allowing people to smoke dope in there, doesn't seem enough for the courts to warrant possession.

I will look for other civil cases where this might be applicable thanks but if anyone can point me to anything in the right direction - gratefully received!

Chris @ Possession Friend

23:46 PM, 25th February 2021
About 2 months ago

Reply to the comment left by RL at 25/02/2021 - 08:08
Get in contact with us.

DSR

9:32 AM, 26th February 2021
About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 25/02/2021 - 23:46
email Chris? I already have a solicitor on the case etc, just need some referencing/guidance towards something I can get them to use. I have more time (and clearly more investment in a swift possession) than he has, so looking for a golden nugget I can offer up at the next heating.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER

PM advertises prospective tenants with animals will be ‘considered’