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 David Price

12:27 PM, 15th May 2021, About 5 months ago

Reply to the comment left by Kulasmiley at 15/05/2021 - 11:37
It was not in my agreement, I just quoted the law in front of the jugde and he ascertained that the statute was still valid then gave me judgement.

by Dr Rosalind Beck

12:37 PM, 15th May 2021, About 5 months ago

Reply to the comment left by David Price at 15/05/2021 - 12:27
Yes, same here David. Just quote the law and the judge gets all excited and awards twice the rent from the point at which they said they would leave to when they actually go.

by NewYorkie

13:35 PM, 15th May 2021, About 5 months ago

Continue with your Hearing and obtain judgement. You would still need a bailiff to evict, but if your tenant does vacate, you can choose to not follow through. Otherwise, if you cancel nd your tenant simply continues with the same nonsense, you must start again. At least you will have the judgement which will inform and forewarn a future potential landlord. You've paid for it in any case, and the Court and your solicitor won't hand your money back.

by SUSAN

14:23 PM, 15th May 2021, About 5 months ago

Reply to the comment left by Ron H-W at 15/05/2021 - 08:16
I told tenant b4 issuing section 21 that I was ending her tenancy .
Relationship was all good,until I messaged her week b4 date for her to leave to arrange a convenient time and day for her to return keys and do a vacate inspection,Then I was told not moving as she was going to rent from someone who hadn't purchased a property yet,but would go when she was ready and there was no rush I could give her another section 21 for another 6-12mth!
When I said if she didn't adhere to the section 21,and couldn't give me a date of when she would leave, I would have to proceed to the next level of applying through the court for eviction.
After that she said 'do not contact her again unless to do with her tenancy'?
She would have got court hearing review letter same day as me,very next day I had letter saying:
As per my tenancy agreement please accept this letter as my notice to end the tenancy at the above address with effect from the 13th June 2021.
I will pay the months rent due on 13th May which will mean all rent will be paid up to the fonal day of my tenancy.
Yours faithfully........

I have yet to give her written acceptance/acknowledgement
for this notice.It was sent via special delivery to arrive b4 1pm.Just as I was printing off bundle of docs to resend her and the courts

by SUSAN

14:31 PM, 15th May 2021, About 5 months ago

Reply to the comment left by Kulasmiley at 15/05/2021 - 11:35
Thanks for the comment.
However tenant would need to be out by 23rd May(latest) as that is last date I have to send all bumf to courts and her!
Can't see her agreeing to that,but I'm going to try.
I have also printed off Distress to rent section 18,also found note about it on Shelters website.

by SUSAN

14:33 PM, 15th May 2021, About 5 months ago

Reply to the comment left by Dr Rosalind Beck at 13/05/2021 - 08:49
Thanks for this knowledge,I have been researching it and printing off details.

by SUSAN

14:38 PM, 15th May 2021, About 5 months ago

Reply to the comment left by Kulasmiley at 15/05/2021 - 11:35
How do I add on costs,go to small claims court?

by SUSAN

14:53 PM, 15th May 2021, About 5 months ago

Reply to the comment left by NewYorkie at 15/05/2021 - 13:35
Thankyou,I will carry on,but will also let courts know,re;copy of tenants letter ending tenancy agreement,she never states that she is vacating on this date just ending her tenancy agreement.

by Chris @ Possession Friend

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

Reply to the comment left by David Price at 13/05/2021 - 10:28
Distress for rent hasn't been repealed and we're currently using it on a case.

by SUSAN

14:56 PM, 17th July 2021, About 3 months ago

Hi Guys,

Thanks for your help on this site.
Update is my tenant got scared with the court review date letter and sent me a termination of lease letter, and vacated a week after review date .I never had a call from the judge-I notified them of tenants letter, they did the review without any contact to me or tenant)

Now the tenant has gone, I sent the Notice of Issue form back to court, to inform them tenant had given me possession of the premises ,and asking the court to order the defendant to pay my costs.(letting them know she had moved back to her fathers with that address)

I was then sent a General Form of Judgment or Order from the court, stating :

1.the matter is adjourned generally.
2.The Court will not make further Order unless there is evidence of agreement or a further hearing requested.

I phoned the court to see what this mean't and was informed they would not chase defendant for my costs,
Is this normal/Right?


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