Cases

04

Oct
2018

VERY INTERESTING FACTS – Rent Arrears – Property Disrepair – No Access to the property – Tenant Very Evasive – No Deposit – Section 8 notice – Matter represented by us – on the first hearing – Outcome

Possession in 14 days, Money Claim continue as separate proceedings

The tenant living in the property from the last ten years. The property was initially managed by the agents and now by the landlord himself. The tenant stopped paying the rent from June 2018 and stated that due to the issues with his salary, he is unable to pay and he continued to allege the same defence month after month. The landlord approached us and instructed to start eviction process. We served section 21 notice, however, upon the tenant failure to pay another month rent i.e. two months rent arrears, we suggested our client to serve section 8 notice. Then, after the expiry of Section 8 notice we filed the case in the court. We received no communication whatsoever from the tenant. We went to the court today i.e. 04th October 2018, surprisingly, we found tenant sitting with the Duty Solicitor (Court Solicitor). After having instructions from the tenant, Duty Solicitor approached us and suggested that he will ask for an adjournment, which we confirmed that we will object it. He suggested that the tenant claimed deposit and disrepair issue (as tenant brought photographs) . We showed the contract which stated ‘no deposit’ and stated that the pictures have go dates. Duty Solicitor said, the tenant need to look for all the documents and needs time. We reconfirmed that we will oppose it. We went to the court and put our arguments. The Duty Solicitors reconfirmed what was discussed outside the court. We objected their submissions. With our robust arguments, the court decided and ordered the tenant to:-

Hand over the vacant possession of the property in 30 days and ordered that money claim for rent arrears and deposit/disrepair will go separately
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