Should I risk changing the hearing date?

Should I risk changing the hearing date?

15:31 PM, 12th May 2021, About 5 months ago 32

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Hi, I have been given a court review hearing date to recover my property. The review hearing is 7th June, however, today I have received a letter from my tenant saying she is going to move out on the 13th of June.

Do I continue with the hearing, as may be a ploy for me to cancel it? Or can I rearrange the hearing to another date after the 13th,
then if she moves out all well and good, but if she doesn’t, I can go ahead with the review gearing?

Sorry, getting sceptical in my old age as section 21 was for her to vacate property on 31st March.

Many thanks

Susan



Comments

by Sally Parrack

7:11 AM, 13th May 2021, About 5 months ago

Personally having just been through this process, I would go ahead with review date as it's just that.....a review. You will then be given a court date, for us it was 3 week's later, so that would cover the date of 'potentially' the tenant leaving.

by David Price

7:30 AM, 13th May 2021, About 5 months ago

A tenant moving out does not end the tenancy (especially for council tax purposes), so continue with your legal case. The tenant must give notice as defined in your tenancy agreement for the tenancy to properly end, the Landlord has to get a court order.

by Dr Rosalind Beck

8:49 AM, 13th May 2021, About 5 months ago

Also, keep the letter saying she will move out on the 13th of June as if she doesn't move out then you will be entitled to charge double rent from that point until the date you get possession. You can also use this fact as leverage if necessary. The relevant act is ancient, so you would need to check if it is still current ( I used it successfully maybe 10 years ago):

'Double rent is covered in the Distress for Rent Act 1737 and permits a landlord to demand two times the amount of rent from the tenant.'

by NewYorkie

9:05 AM, 13th May 2021, About 5 months ago

Reply to the comment left by Sally Parrack at 13/05/2021 - 07:11
I am pleased for you that your hearing was only 3 weeks after the Review. I hope your tenant has now gone. Our Review was 3 weeks ago, the tenant didn't even bother to participate, but we still don't have a Hearing date. 13 months arrears to date!

by Collydriver

9:16 AM, 13th May 2021, About 5 months ago

No it possibly a delaying tactic .
Evicting a bad tenant is hard at moment .
They the tenants get get advise from shelter on how to delay.
Wanting to trust people is so human. Stay on course. Good luck

by Sally Parrack

10:09 AM, 13th May 2021, About 5 months ago

Reply to the comment left by NewYorkie at 13/05/2021 - 09:05
The first hearing was adjourned, delaying tactic by tenant, new court date set 6 weeks later.... tenant due to vacate tomorrow !!!!!

by David Price

10:28 AM, 13th May 2021, About 5 months ago

Reply to the comment left by Dr Rosalind Beck at 13/05/2021 - 08:49
Ros I have just checked this on the government web site and it does not appear to have been repealed. i last used this successfully about five years ago, never did get the rent but the tenant fled.

Section 18 Tenants holding after the time they notify for quitting, to pay double rent.

And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same: from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premisses by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.

by SUSAN

10:49 AM, 13th May 2021, About 5 months ago

Reply to the comment left by Sally Parrack at 13/05/2021 - 07:11
Thanks,all though the the hearing letter sates:
''If you reach an agreement ahead of Review date ,you should inform Court as soon as possible.

Should I inform court?
Letter from tenant came day after I recieved the court letter by special delivery!

by SUSAN

10:51 AM, 13th May 2021, About 5 months ago

Reply to the comment left by David Price at 13/05/2021 - 07:30
Thanks,
So annoying to have to copy all that bumf again!
Annoying to hve to give tennat all the docs again,when I know she had had it already,so daft!

by SUSAN

10:55 AM, 13th May 2021, About 5 months ago

Reply to the comment left by Collydriver at 13/05/2021 - 09:16
Thank-you

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