Court transcript request - Possession hearing

[Landlord Rights]

Hello

I am wondering whether it is possible to request a copy of the court transcript for a residential possession hearing if the person requesting it was not the named claimant or defendant but has a direct interest to the proceedings?

Letting agent named himself as the claimant rather than the landlord, landlord suggests this is why the court dismissed the case during the hearing, however letting agent says it was because the tenant promised to pay the rent arrears!! Well over 2 months arrears and correct notice was served, so the judge should have granted the possession order if the claim form was correct.

[R0b]

Re: Court transcript request - Possession hearing

Sure, but it will cost you to do so. You will need to appoint one of the official court transcribers there's a handful of them and varies in price depending on what you want and how fast you want it. Once you have instructed a transcription firm you will need to complete an EX107 form.

also be aware that recordings may only be kept for 6 years or so and if its older than this it might not be possible to obtain a transcript. You will also need to know which court it took place at.

https://www.moneyclaimsuk.co.uk/PDFForms/EX107-Info.pdf

The above link gives guidance and also the list of official transcribers.

[Landlord Rights]

Re: Court transcript request - Possession hearing

Thank you.

[Crazy council]

Re: Court transcript request - Possession hearing

Hi

its a bit of a gamble with the lower courts ( majistrates ) and them applying the laws regs, reasonably, especially if the tenant turns up with a sob story or baby in arms.

What grounds did the agent use ( 8 weeks arrears am guessing ) or a section 21.

There is no point getting the transcript, just re-apply the eviction on a number of grounds. ( BTW _) i think its no problem the agent being the claimant, in effect, they are, just on behalf of the ll, ( hence the agent can sign the TA fir the LL ) . Exactly what did the teant claim ? what grounds did you serve the notice on, what did the judge say ( how long did he give to pay up ) ( or did he dismiss the application on another ground ? )

[Landlord Rights]

Re: Court transcript request - Possession hearing

Tenant was close to 2 years arrears, section 8 grounds 8 10 & 11 were used. Possession is an absolute right if over 2 months arrears. Agent cannot be claimant as he isn't the claimant.

The landlord is about to start a claim for a refund of the money he paid the agent to help with the eviction. He is claiming incompetence and the service promised not carried out. He is saying, if he was named as claimant then the judge would have awarded possession. However, the agent is saying the judge didn't give possession because he wanted to give the tenant another chance.

The landlord wants a copy of the transcript to prove his claims, and help strengthen his claim against the agent.

[Crazy council]

Re: Court transcript request - Possession hearing

The agent is correct and probably telling the truth, i have done loads of these,,

The LL needs to check the agreements with the agent ( agency agreements )

It would nto have mattered who was named as the claiment, it makes no difference, an agent is the agent for the property and can sign all paperwork on behalf of the LL,

Tenant was close to 2 years arrears

Did you mean 2 months, how did it get to 2 years, the judge may have considered that you had not chased the tenant prior ( if it is 2 years ), that he would give her the benefit of the doubt, for your information, just re-apply usually gets it, unless the tenant has paid up.

8 weeks arrears IS a maditory ground, but that doesn't always mean the eviction goes through, all a tenant has to say

Have been trying to pay but LL wont let me
There is a fault with the property
plus any number of other items, that the judge can use to diss apply the mandatory grounds and give the tenant a bit of room.

Whats the contract end date, ?