How do I fight back after hearing went badly?

How do I fight back after hearing went badly?

7:03 AM, 20th January 2015, About 9 years ago 44

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I served section 21 to my LHA tenant and possession order was granted and hearing day was set last month.

On the hearing day, the lawyer representing the tenant argued that I should have issued deposit info again when the fixed contract ended and the tenant lapsed to periodic contract. The tenant has up to the 15th to submit the full argument and of course cost.

My question is how do I deal with the situation? How do I fight back? I need the tenant out regardless.

Thanks

Ciruhearing


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Comments

Ciru

14:02 PM, 26th January 2015, About 9 years ago

Alan, How do you get your tenants?

Ciru

14:42 PM, 26th January 2015, About 9 years ago

On the 18th December i had the hearing to postpone the possession. At the hearing the lawyer argued she had not been able to compile the case for defense for her client. This is the free lawyer available at court. On 22 December i received a letter from the court that the tenant has until 15th January to submit his defense. I have not heard from the court again. i will keep you posted of the outcome. one thing i should add to this the deposit was protected accordingly and is still is. The tenancy started April 2008. Also the deposit belongs to the council as the council payed for the tenant and i was given clear instruction to pay it back to the council at the end of the tenancy obviously deducting the agreed deductions.

Ciru

16:02 PM, 26th January 2015, About 9 years ago

Reply to the comment left by "Mark Reynolds" at "24/01/2015 - 10:58":

i actually did buy the services of regency law, tenant eviction. everything come with experience i am learning.

Ciru

16:38 PM, 26th January 2015, About 9 years ago

Reply to the comment left by "Neil Robb" at "24/01/2015 - 20:57":

I served the section 21 because the tenant has turned very rude, was behind with rent but he has paid to date since,and i want my property bad as a matter of priority.

ashley nissim

16:40 PM, 26th January 2015, About 9 years ago

I have responded to a similar thread on another post.

There is no mention in this thread of the Information for Tenants leaflet. If you are a landlord doing this yourself, please don;t forget that you must send this leaflet with the Certificate & the Prescribed Information.

Dot your i's & cross your t's and you can relax knowing your Section 21 is safe regardless of what any no win no fee lawyer throws at it.

Robert M

23:18 PM, 26th January 2015, About 9 years ago

Reply to the comment left by "Neil Robb" at "24/01/2015 - 20:57":

I don't take deposits either. Since the law forced landlords to put deposits in a deposit protection scheme, it has just got too bureaucratic and stupid, it's just not worth the hassle. I think out of about 70 current residents there's only one or two of them that paid a deposit. Why not just ask for 2 months rent in advance instead? or apply an admin fee? or insist on a rent guarantor? (or better still....... all of these).

Alan Loughlin

9:51 AM, 27th January 2015, About 9 years ago

I just keep it simple, charging an admin fee that cannot be challenged, it clearly states this on the agreement and shows zero deposit, we have used this system now for years, we keep the apartments decorated and cleaned just from this fee.

Michael Barnes

10:10 AM, 27th January 2015, About 9 years ago

Reply to the comment left by "Tim Hall" at "26/01/2015 - 12:48":

The PI includes the address of the tenant.
Is this not different when the tenancy goes periodic?

There is also the possibility that the 'information contained in a leaflet supplied by the scheme administrator to the landlord' has changed.

Tim Hall

10:27 AM, 27th January 2015, About 9 years ago

Michael - the address of the tenant is the property he lets.

The legislation uses the word tenant, and as clearly they cannot be a tenant until the tenancy starts, the address of the tenant for the PI must be the tenancy address.

If any of the information provided to the tenant changes then it is best to re-serve the PI, or at least put in writing to the tenant those changes, at the point at which the information has changed.

The same would be true for any leaflet supplied by the scheme administrator - details of any amendment should be passed onto the tenant immediately.

Michael Barnes

10:57 AM, 27th January 2015, About 9 years ago

Reply to the comment left by "Tim Hall" at "27/01/2015 - 10:27":

If the address of the tenant is the address of the property, then why are both required?

Also, I generally take the deposit and first month's rent a few days before the tenancy starts.

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