Repossession and delaying tactics?

by Readers Question

8:59 AM, 5th November 2019
About 2 weeks ago

Repossession and delaying tactics?

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Repossession and delaying tactics?

Hi all, I am in need of some advice please. I had a repossession hearing under section 8 non payment of rent. The tenant showed up and claimed disrepair. The judge wasn’t happy and had a go at them, but said he had to give them 14 days to file a defence and adjourned till 16th Dec.

The tenant has failed to file and it’s day 18

My question is; can I apply for judgement in default to end this early and if so how do I go about doing so. I’ve been told I can email the court clerk but….

I want this elevated to the high court and want a money judgement none of which was put in the court forms as I was told I could do this at the hearing, but the judge didn’t give me an opportunity. Will clerk be able to do this?

Many thanks

Manni



Comments

Neil Patterson

9:05 AM, 5th November 2019
About 2 weeks ago

Dear Manni, I am not an expert on this aspect as we have always felt is safer cheaper and less time consuming to use professionals. However, other readers are far more personally experienced.

Please check out >> https://www.property118.com/evicting-tenants/

Manni

11:06 AM, 5th November 2019
About 2 weeks ago

Hey Neil
Thanx for your reply. I think I got my answer and will elaborate for the benefit of other users.
Part 12 of the civil procedure does not apply to possession claims( see part 55) so a judgement in default is not possible. Even though in my case the judge has adjourned the hearing causing extra wasted time for the courts and costs for me. Points which is supposed to be taken into consideration by the judge
Cheers

Michael Barnes

17:11 PM, 6th November 2019
About 2 weeks ago

If disrepair claim is unfounded, then it may be contempt of court by the T (and possibly by the duty solicitor that advised them).

Manni

17:20 PM, 6th November 2019
About 2 weeks ago

Reply to the comment left by Michael Barnes at 06/11/2019 - 17:11
Yes Michael. Possibly
The judge already had a real go at the duty solicitor saying that every tenant she was bringing in seemed to be using the same delaying tactic.
“It’s almost like your telling them what to say” was his exact words. He pretty much told her that he has got her cards marked

wanda wang

22:24 PM, 6th November 2019
About 2 weeks ago

when I went to court a few years ago, the tenants claimed disrepair , but the judge said it was a separate matter, need file separate case. granted money judgement (tenants already left at time.
wanda

Manni

10:10 AM, 7th November 2019
About 2 weeks ago

Reply to the comment left by wanda wang at 06/11/2019 - 22:24
Yes Wanda. It’s because yours sounds like a debt hearing

Laws surrounding possession is slightly different. Disrepair is a valid defence for possession hearing


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