Update to status of court actions pre-lockdown?

by Readers Question

10:52 AM, 1st June 2020
About 5 months ago

Update to status of court actions pre-lockdown?

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Update to status of court actions pre-lockdown?

I realise there was a three months ban on applications for evictions from 23rd March…but what is the current status of S21/S8 claims made BEFORE this date?

I has the first hearing of both a S21 & S8 claim on 20th March, and directions issued after stated as that we were now in official lockdown, that a telephone hearing would be required. We have not heard anything from the court since.

I thought that all claims made/in progress before the 23rd March were supposed to be heard (if necessary) during the three month period up to 23rd June, precisely so that the courts did not start back with an existing backlog. Surely there can be no legal justification therefore as to why my telephone hearing has not taken place yet?

Despite the lockdown surely there is a timescale the Courts HAVE to abide by for continuance of an already started claim? I am aware that an eviction date cannot be granted at this stage (and probably for some time), but at least a decision can be made on my claim – that it has been brought rightfully and ergo it is upheld? The crux of the issue with the tenant is not actually rent arrears, but more importantly the damage she has caused (neglect and wilful damage) and is still causing to the property. The longer she stays there the more it is going to take for us to put it right (current arrears 1k, estimation of damage to date 10-12k)

Am I just going to find my existing eviction request at the bottom of the pile once the floodgates open again at the end of June with all new claims, or do the courts have to prioritise? Are there any regulations that the Courts have to abide by when I bring a claim in terms of a timescale for a decision??

Frustrated! (and I know I am not the only one)

Reluctant Landlord


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Comments

Neil Patterson

11:00 AM, 1st June 2020
About 5 months ago

This is the latest article on the subject from Landlord Action and Paul Shamplina >> https://www.property118.com/landlords-facing-a-years-worth-of-rent-arrears-if-eviction-ban-is-extended/

Clint

12:38 PM, 1st June 2020
About 5 months ago

I had a section 8 hearing on 26 March 20 which was postponed until further notice. I believe the hearings will be after 31st October 2020 (due to the postponement from 26th June 2020) in order of their applications, or in order of when the hearings were due to take place. I don't believe S8 & S21 hearings will be telephone hearings though.

I had a telephone money claim with a tenant recently which, was for rent arrears where, judgment would normally have been given at the section 8 hearing in December 2019 when it was held. However, at the hearing, a solicitor at the court counter claimed a fictitious disrepair, so the tenant was given a date to send her counter claim by although, I was given a court order for possession. The tenant did not file a counterclaim as there was no counter claim to be made.

The hearing was a telephone hearing which was held on 27 May 2020. I was given judgment against the tenant for the arrears.
The hearing required a lot more work where I had to prepare an indexed bundle where, I had included a witness statement and a lot of other documentation as directed by the court.

I have digressed from the main point however, I just wanted to inform those of you that may be interested as to what is required for a telephone hearing as the judges are likely to be working from home and would not be having any of the original court documentation. Having had a telephone hearing, I would say, I much prefer it as, one can be prepared at home with all documents ready where they are easily referred to and also one can access their computer easily if need be.

Lindsay Keith

13:11 PM, 1st June 2020
About 5 months ago

So long as this Government along with previous Governments and doubtless future governments treat the Court system as a whole like naughty children, just hold your breath! Regret it started with Maggie, a totem otherwise but there it is.

Chris @ Possession Friend

14:26 PM, 1st June 2020
About 5 months ago

To 'Reluctant landlord'
Did you see our article a few weeks back, offering Free Advice ?


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