Defending Section 8

[peeta]

I am more or less clear on what to do, but des8, just a kindly checking if had time to look into s8 to offer your thoughts as well...

[peeta]

Hi atticus , et al..

been negotiating with landlord about rent arrears and they are saying something about "consent order". what is it and what would be the impact of having one against me pls?

also how does it compare with a suspended order?

As I see it, I have the option of either going to hearing have having a suspended order or not go to court and have a consent order..

any advice on which is better ?

thanks in advice / @de

[atticus]

A consent order is made by consent of the parties. It records a negotiated agreement. It brings finality and certainty, but the terms need to be ones which you can meet.

If you can agree terms for payment of arrears and the order does not provide for possession, even suspended, then this may well be better than a suspended possession order, which can be unsuspended.

[peeta]

thanks a lot atticus , yes I can meet the terms..

but will that also be entered in some court databases to affect credit score if by any chance I do not meet its terms ?

also will it have an expiry date ? what happens after I clear the arrears..does it remain valid?

I am just trying to decide if I go to court and defend myself and possible get the Judge to decide the terms or should I accept the consent order from the landlord's lawyers who say if I accept, I do not even have to go the to court....

much appreciate any advice which may help me come to an informed decision.

also is this consent order common in rent arrears because I have never heard about it anywhere before..

thanks

[atticus]

many cases are settled using consent orders.

[peeta]

thanks atticus - any comment on consent orders being entered on the databases to affect credit score? or do they have any other impact of having one and the impact of breaches ?

as I understand they are essentially a legally binding contract like Tenancy agreement breach of which first has to go to court?

do they have an end-date?

and what else to look out for in signing one?

[atticus]

someone else will have to answer that

[peeta]

ok thanks islandgirl perhaps or tag somebody who may know more about consent orders, their impact and expiry date pls?

[islandgirl]

I am sorry I am a criminal court person but am also involved in property rental so know something of the system but have not come across consent orders. Hopefully someone else will advise.

[efpom]

Post up a copy of the proposed consent order

For information - A consent order is a record of an agreement which has been reached. Once agreed, it is submitted to the court for approval. When court approval has been given, the order has legal force. You are bound by the order in the same way as if you have had a decision imposed on you by the court.

A consent order is not a CCJ and will not affect your credit rating.

[peeta]

thanks islandgirl and efpom .

So efpom - I do not have the consent order sent out to me yet. But from what you are saying it has same effect as a Tenancy agreement in legal nature?
.

will it have an expiry date? If I fail to comply with it what happens then, LL go to court and have a hearing and takes a CCJ?

The thing is, I am comtemplating between two options

1) accept the consent order for which LL wants me to agree to a slightly aggressive payment plan.

2) go to possession hearing, tell Judge all the facts (which will paint a bad picture of LL as he took is unwarranted action as I have been nothing but co-operative and even reduced the rent arrears, less than 2 months) and see what happens (don't know what happens)

Do you have any advise or information which will help me make an informed decision.

Thanks

[efpom]

It seems to me that the landlord has a number of options here:

1- He goes to court for a possession order on the back of the S.8 - He will get that order if Ground 8 - 2 months arrears exist at the date of the hearing and he will get an order that a) you pay all rent owed and b)
the costs of the proceedings. There may be other S. 8 Grounds in the notice that you have not mentioned in your writing.

2 He and you agree a consent order The present proceedings are then stayed indefinitely and your existing tenancy continues.

If you do not abide the consent Order, the landlord can revive the S.8 proceedings.

The consent order is NOT a new tenancy/

There is nothing to stop him issuing a S. 21. notice at any time.

It seems to me that the landlord's aim is to get the arrears cleared asap, but that otherwise, he is willing to continue to allow you to be his tenant.

[peeta]

Hi yes efpom . thanks for that.

yes, LL has told that he would like me to continue as tenants.

so, I guess it is advantage for me as well as I do not risk paying court costs as I understand even if I go to court hearing, despite the fact I had managed to get the rent arrears less than 2 months and had been cooperative with the LL, Judge is likely to award costs + best case for me suspended possession.

By, accepting for the consent order, I do not even have to court hearing (LL confirmed) and do not have to pay the LL's legal costs..

Pls let me know if I misunderstand something here..

Pls let me know from a tenant's perspective if there a downside to accepting a consent order vs going to court hearing/

Thanks

[peeta]

Hi atticus / efpom

I have gone to accept the consent order which simply says I need to adhere to payment terms set and proceedings will resume if I don't.

LL's agent says I do not need to go to court and I have everything in writing..

is that so, or is there any merit in me going to the hearing and why pls?

also what happens after I pay the arrears? will the claim then discontinued?

[atticus]

It would help to know the exact wording of the proposed order.