Possession after tenant surrendered – Court Action still advisable?

by Readers Question

10:47 AM, 27th February 2019
About 2 years ago

Possession after tenant surrendered – Court Action still advisable?

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Possession after tenant surrendered – Court Action still advisable?

I have an ex tenant, who faced with the prospect of a confirmed court hearing under section 8 ground 8 has voluntarily terminated the tenancy AFTER the hearing date has been set. What are the advantages (if any) of continuing with the court action bearing in mind the additional costs involved to myself such as solicitors, lost time etc?

In the past I have had tenants abandon and I have gone to court just to get legal confirmation that the tenancy has ended, however in this case that is not an issue

The tenant is on benefits and the long term chances of recovering the arrears are not great even with a money judgement.

Is there any advantage of pushing this through the court?

Thank you

Ken


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Comments

Majestic Lettings Peterborough

8:56 AM, 28th February 2019
About 2 years ago

Whenever a tenant wishes to "give up" a tenancy agreement without a Possession Order from the Court, we insist they sign a Deed of Surrender as proof they have done so. Without this, they could just turn up again claiming the right to live there and the local Council will insist you move them back in.

Chris @ Possession Friend

9:41 AM, 28th February 2019
About 2 years ago

Get a surrender document just after the court hearing but - ALSO Turn-up at court as ;
1. You won't get your court fee back anyway, and
2. You'll get a money Order for the outstanding cost of rent
( Surrender document will prevent you having to pay and wait to get Bailiffs )

Robert Mellors

11:07 AM, 28th February 2019
About 2 years ago

The tenant may be on benefits now, but if you get a CCJ then you can enforce that at some point in the future when the tenant's circumstances have changed, e.g. found employment, won the lottery, inherited a fortune from granny, got married and now has assets, etc, etc.

As Chris has already said, you've already paid the court fee, so it is to your advantage to continue with the case and get your CCJ (for the rent arrears, any damage to the property (or other costs, e.g. cleaning), court fees, and statutory interest on the whole debt).

Bigdave

9:25 AM, 7th February 2020
About 10 months ago

Reply to the comment left by Majestic Lettings Peterborough at 28/02/2019 - 08:56
Hello I have a good tenant always pays rent on time but I need to sell the property and I have found it is always best to do it empty. I served a section 21 several months ago but he has still not found another place to move to but has hinted that if I pay him £500 he could afford to move. I am not certain how a Deed of Surrender works as my solicitor will not even talk about it!

Jonathan Clarke

18:59 PM, 8th February 2020
About 10 months ago

Reply to the comment left by Bigdave at 07/02/2020 - 09:25.......
The Deed of Surrender is a very simply doc . Lots of templates on the net, Dont need a solicitor just do it yourself . They are worth their weight in gold. Also yes i use cash incentives to assist them to focus their mind into leaving. Works well and saves the hassle of court .

Bigdave

8:52 AM, 9th February 2020
About 10 months ago

Reply to the comment left by Jonathan Clarke at 08/02/2020 - 18:59
many thanks for replying


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