Big mistake but I just want my house back?

Big mistake but I just want my house back?

10:24 AM, 5th March 2021, About 7 months ago 53

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Hi, I am a landlord for one property, which was my old house. The tenant is refusing to leave with no rent for nearly a year, and we went to court on the 24th of February under a section 8.

The tenant now says she’s never had a tenancy agreement (expired May 2019) and no I haven’t got a copy…big mistake

Although I have the witness who signed it..,…lot’s of waterworks on her behalf…..the judge has adjourned for a substantive hearing on 14th April….. I just want my house back…..never again….any advice, tips greatly appreciated.

Many Thanks

Sally



Comments

by Dylan Morris

12:33 PM, 6th March 2021, About 7 months ago

Reply to the comment left by Sally Parrack at 06/03/2021 - 12:23
Pleased to know you have some professional advice. What exactly happened at the Court hearing last month ? What do your legal team think about the lack of a tenancy agreement, presumably they’ve covered all this off now ? And how do they envisage the next hearing in April going ?

by Sally Parrack

12:42 PM, 6th March 2021, About 7 months ago

Reply to the comment left by Dylan Morris at 06/03/2021 - 12:33
We were all gobsmacked when she said there was no tenancy agreement !! Regency have said to wait to see her defense (24thMarch).....then we have till 7th April to respond....back in court 14th, I feel like I'm getting no where fast 🙄....all my friends and family keep saying is surely she can't just live in your house rent free.....well it certainly looks that way.... judge has asked for substantive hearing (1 hour)....on 14th.... because she's thrown this spanner in the works 😟

by Sally Parrack

12:42 PM, 6th March 2021, About 7 months ago

We were all gobsmacked when she said there was no tenancy agreement !! Regency have said to wait to see her defense (24thMarch).....then we have till 7th April to respond....back in court 14th, I feel like I'm getting no where fast 🙄....all my friends and family keep saying is surely she can't just live in your house rent free.....well it certainly looks that way.... judge has asked for substantive hearing (1 hour)....on 14th.... because she's thrown this spanner in the works 😟

by Sally Parrack

12:53 PM, 6th March 2021, About 7 months ago

Reply to the comment left by treeman at 06/03/2021 - 09:24
It was her partner who paid the rent prior to January 2020.....so I guess technically, although tenancy was in her name only.....she never actually paid it as my bank payments would reflect....it's a minefield out there....you think your doing the right thing then get your fingers burnt....looks like I'm learning the hard way 🙄

by John Mac

13:15 PM, 6th March 2021, About 7 months ago

Seems to me the Eviction Co. haven't done their job, they would have known before going to Court that you didn't have copy of AST & been ready for that. 6M arrears on a Sec8 is a mandatory possession, so you should have been given possession.

by Sally Parrack

13:29 PM, 6th March 2021, About 7 months ago

Reply to the comment left by John Mac at 06/03/2021 - 13:15
That's what I was hoping.....but tenant has played a blinder.....the hearing should have been 15 minutes and seemed to be going well until her defense said 'my client has never signed a tenancy agreement'....a lie..... judge was out of time hence adjourned till 14th April.

by John Mac

13:35 PM, 6th March 2021, About 7 months ago

Reply to the comment left by Sally Parrack at 06/03/2021 - 13:29
Sorry but you've been stitched up, the not signing an agreement is a red herring, the judge should have given possession on the Mandatory ground, your legal rep should have pushed this.

by Dylan Morris

13:54 PM, 6th March 2021, About 7 months ago

Reply to the comment left by John Mac at 06/03/2021 - 13:35
Well her ex-partner was not on tenancy agreement and now gone so the fact he made some rent payments a long time ago is not really relevant to your case.
I’m think you need to push your legal team as to what their plans are for your defence next month and get some answers. Seems you have a clear case for possession. You need to push them really hard Sally as to where you stand and what their plan is. Sounds like you don’t have much confidence in them hence why you’re here on this forum. Would it be worth changing your eviction specialist to another firm perhaps ? Only you know the answer to this.

Never been to Court myself but often hear that these Judges sometimes have a very scant appreciation of tenancy law. (Hence why we need a dedicated Housing Court with specialist judges).

I know it’s easy to say but don’t fret Sally you will get your property back eventually. Let’s hope the Judge decides in your favour at the next hearing. Can’t see he can do otherwise to be honest.

by Sally Parrack

14:12 PM, 6th March 2021, About 7 months ago

Reply to the comment left by Dylan Morris at 06/03/2021 - 13:54
Thank you....it's really hard to know what to do.....I had hoped using the Eviction company would have had it sorted by now.....the real kick in the teeth is I only live round the corner and drive past it most days 😟.....I wish I'd joined here month's ago... would have got some sensible advice instead of being treated like a 'mushroom' 😏😏

by Sally Parrack

14:19 PM, 6th March 2021, About 7 months ago

Reply to the comment left by John Mac at 06/03/2021 - 13:35
I am beginning to think your right 😟


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