Should I risk changing the hearing date?
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
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Business rates department £2000 rip off?
Member Since October 2013 - Comments: 1647 - Articles: 3
10:58 AM, 13th May 2021, About 5 years ago
Reply to the comment left by David Price at 13/05/2021 – 10:28
I’d love to see that in court.
Member Since October 2013 - Comments: 1647 - Articles: 3
10:59 AM, 13th May 2021, About 5 years ago
Reply to the comment left by Sally Parrack at 13/05/2021 – 10:09
Good luck.
Member Since May 2021 - Comments: 11
11:00 AM, 13th May 2021, About 5 years ago
Reply to the comment left by Sally Parrack at 13/05/2021 – 10:09
Fingers crossed for you,and your tennat will be gone 2moro,and your property ok Xx
Member Since May 2015 - Comments: 2204 - Articles: 2
11:25 AM, 13th May 2021, About 5 years ago
Reply to the comment left by NewYorkie at 13/05/2021 – 10:58
Ros and I have both used the Distress for Rent Act in court. In my case the judge had to adjourn for a few minutes to check that the act had not been repealed. I received judgement in my favour.
Member Since August 2013 - Comments: 185
7:24 AM, 15th May 2021, About 5 years ago
Definitely don’t delay anything. These hearings take ages and ages to come, so even if the tenant does leave at least you had the option in place.
We received an eviction judgement mid MArch ( 15 months of waiting and fees to Landlord ACtion) , the “moving Out” date was 1 April, but they are still there, disturtbing other tenants with loud parties and smoking cannabis constantly. BAilliffs were instructed but nothing seems to be happening. (And no, we are not restricted to the 31 MAy Bailliff rule)
Member Since July 2020 - Comments: 95
8:16 AM, 15th May 2021, About 5 years ago
Reply to the comment left by SUSAN at 13/05/2021 – 10:49
”If you reach an agreement ahead of Review date ,you should inform Court as soon as possible.”
But if you are not convinced that tenant’s letter was in good faith (i.e. convinced that tenant actually WILL leave on that day), it cannot properly be said that “an agreement” has been reached, especially if there has not been other communication or negotiation on the topic. And what about other aspects, such as rent? How did the discussion/s go, on the subject (of ending the tenancy and/or leaving date), before and/or after serving the s.21? Or did the s.21 reach the tenant “like a bolt from the blue” and this letter is your first indication that it has not been ignored? Does the letter say anything else, apart from “moving out on 13th June”? (e.g. reasons for that date, acknowledgement of what has happened between landlord and tenant in the last few months, etc.) ALL these factors can and should be considered, when trying to decide whether “an agreement” has been reached!
Member Since July 2013 - Comments: 184 - Articles: 1
11:30 AM, 15th May 2021, About 5 years ago
Reply to the comment left by Dr Rosalind Beck at 13/05/2021 – 08:49
Hi Rosalind, would that Distress have to be in the tenancy wording? How would wording this be applied to the hearing?
Member Since July 2013 - Comments: 184 - Articles: 1
11:35 AM, 15th May 2021, About 5 years ago
Don’t trust the words of this tenant. Carry on and let the tenant know that you are adding on your costs.
Give them a choice to leave earlier before your date to which you are happy to release their liability for future rent. Make them sign and handover keys. Be strong, don’t overthink. Just be resolute.
Member Since July 2013 - Comments: 184 - Articles: 1
11:37 AM, 15th May 2021, About 5 years ago
Reply to the comment left by David Price at 13/05/2021 – 11:25
Hi David, how does the distress for rent act work? Does it need to be in the tenancy agreement as an addendum perhaps?
Thank you
Kev
Member Since July 2013 - Comments: 184 - Articles: 1
11:37 AM, 15th May 2021, About 5 years ago
Reply to the comment left by David Price at 13/05/2021 – 11:25
Hi David, very interesting. So, how does the distress for rent act work? Does it need to be in the tenancy agreement as an addendum perhaps?
Thank you
Kev