Do I still need to go to court TODAY?

Do I still need to go to court TODAY?

9:56 AM, 19th September 2017, 9 years ago 7

I have served a section 8 notice on a tenant for several months of unpaid rent and the court hearing is later today. However, he has now given us back the keys so I have possession, BUT can I still use the court hearing to try and claim some of the unpaid rent back or force the CCJ or do I need to start another process to try and recover some money?

I have tried many many times to contact the court, but they never answer the phone.

Thanks

Sarah


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Comments

  • Member Since December 2015 - Comments: 828

    10:19 AM, 19th September 2017, About 9 years ago

    i would attend

  • Member Since November 2016 - Comments: 227

    10:22 AM, 19th September 2017, About 9 years ago

    Definatelty attend.

    The Court fees are paid so go along ask for a Possession Order and for owed rent.

    Noting to loose and a lot to gain.

  • Member Since March 2015 - Comments: 30

    10:23 AM, 19th September 2017, About 9 years ago

    Hi Sarah,

    Yes, attend this afternoon and explain the situation.

    I would usually get a forthwith possession order in any event just to protect my position but you should definitely get the CCJ for the rent arrears and costs.

    Good luck!

  • Member Since September 2017 - Comments: 2

    10:39 AM, 19th September 2017, About 9 years ago

    Reply to the comment left by Emerald Legal at 19/09/2017 – 10:23
    Thanks – will do.

  • Member Since August 2013 - Comments: 788

    1:41 PM, 19th September 2017, About 9 years ago

    You must go, in case the tenant is cunningly deceiving you and later on you find because you did not go, the court could rule in his favour.

  • Member Since September 2017 - Comments: 2

    7:26 PM, 19th September 2017, About 9 years ago

    Thanks all – I went to court – just as well as the tenant did turn up. The judge has put in writing that he has given up possession so he can’t hopefully argue against this at a later time. Tenant then did not agree with me the amount he owed so the judge adjourned the case for another month. What a waste of everyone’s time! However he was forced to give his current address which he had refused to give to me before.

  • Member Since August 2013 - Comments: 788

    8:08 PM, 19th September 2017, About 9 years ago

    Important thing is that you got the possession if you had not turned up, maybe then he or she could have argued that you were being evicted unreasonably and the court could have dismissed your application.

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