Continue with possession hearing after Deed of Surrender?

by Readers Question

16:01 PM, 30th August 2018
About 3 months ago

Continue with possession hearing after Deed of Surrender?

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Continue with possession hearing after Deed of Surrender?

A Tenant of mine who is in substantial arrears has agreed to give up the property via Deed of Surrender a few days before a Section 8 / PCOL hearing is due.

I would like to proceed with the hearing as Section 8 hearings also lead to money orders – and it would also rubber stamp the possession – can I do so even though the tenant will have given up possession prior?

Or do I need to start again with MCOL for the rent arrears?

Thank you

John



Comments

Gary Dully

8:29 AM, 31st August 2018
About 3 months ago

If the tenant hasn’t signed the surrender, then refuse the offer and continue with the court case.
Get your money order and enforce it.

Gary Dully

9:22 AM, 31st August 2018
About 3 months ago

If they have signed the surrender and left, I would personally continue with the hearing, inform the judge and request the money order.
PCOL claims can only cover the rent and court costs outstanding, nothing else.
You should ask the judge to award you the deposit in any Deposit Protect Scheme citing its reference number on the court order. All additional costs should be chased via MCOL.
Be warned... the money order, if given by PCOL, will NOT automatically be placed against the tenants credit file, unless via MCOL or you have to enforce any order via PCOL through a HCEA or County Court Bailiff.

The whole PCOL process is a money generating con trick, that requires enforcement by bailiffs or HCEA’s to register the tenants lousy credit worthiness, at additional costs of course to the poor unfortunate Landlord.

Luke P

12:23 PM, 31st August 2018
About 3 months ago

A Deed of Surrender's main usefulness is to prevent Court proceedings, but as you're so close, I'd be inclined to suggest you continue.


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