Help ..me again . Tenant now 4k in arrears and trouble with EO

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

So PCOL has been done and a court date of October 17th so not too much of a horrendous wait. The worst bit was filling out all the payments and arrears on each month for the last 18 months as HB is paid 4 weekly and rent is due PCM .
I've used 8 and 10 as the section 8 reasons so hopefully the court will see since December 2015 full rent has never been paid and has mounted up each month .
I'm absolutely scared witless going as I'm sure there will be a technicality I've missed out on and I will have to start the whole process again.
The section 21 expires on that date too so I suppose I will have to wait to find out the outcome of the hearing before I continue on that process . Why is it so hard to get your property back and yet still have to conform to all the legalities for the tenant. ?
The rent owing on the section 8 is slightly different as a payment has been made since issuing it and the court application ...not by much but I needed to give the court the latest arrears right up to present date .
One day I might be out of this horrible mess ...who knows

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

hi

I'm absolutely scared witless going as I'm sure there will be a technicality I've missed out on and I will have to start the whole process again.

You learn lots the first time, but with arrears at this scale, people tend to be helpfull as long as the paperorks ok.. Get ready for a backlash from the TT and partner. Just weather it

Inform the council works manager that you have a court date, ( might not make a difference but could do )

get a backup plan ready of needed, Am not suggesting using this route, am just saying to do the planning now, so whatever the council or tenant push in your way, you know you can end it. and you have a worse case sinario for costs

https://www.gov.uk/evicting-tenants/...s-and-bailiffs and

https://thesheriffsoffice.com/articl...the-high-court

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

What would I do without you CC, I'm bricking it ... the court date and what to expect... the thought of it failing fills me with dread .. I don't want to waffle at the hearing.. What happens if tenant doesn't turn up ..will it be adjourned ??

[jaguarsuk]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

What would I do without you CC, I'm bricking it ... the court date and what to expect... the thought of it failing fills me with dread .. I don't want to waffle at the hearing.. What happens if tenant doesn't turn up ..will it be adjourned ??

If they fail to attend the hearing will proceed in their absence and you'll likely be granted a possession order. As they say they want to be re-homed, I'd be surprised if they do turn up and fighting the eviction would prevent that, however stranger things have happened.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Thanks Jaguar, the sleepless nights begin

[jaguarsuk]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Thanks Jaguar, the sleepless nights begin

Try not to worry, when you go into court if they attend you will follow them into the room, the Usher will introduce you to the judge and show you where to sitl.

It's a little bit intimidating, but the judge is just a person at the end of the day and so greet them good morning/afternoon sir/madam (as appropriate). They may make an opening statement of some sort and will invite you to present your application. Simply state the reason you are applying, as Litigant in Person (representing yourself) they won't expect you to be "all legal" and only expect you to show the proper respect to the court; adress them properly, stand (unless they say you don't have to) when speaking and don't interrupt or argue with the judge.

If the respondent (your tenants) attend and you wish to counter things they say, wait for them to finish their lies and then ask the judge "May I respond sir/madam," then you'll get your chance to counter their lies or if the judge thinks it's waffle they may tell you there's no need as happened to me recently.

It's probably a good idea to have in mind what you intend to say when the judge asks you what you're applying to the court for, as you'll gain confidence from articulating your point across to them. If the tenants show up then he'll hear the case, if they don't end what you're saying with asking that he/she makes an order.

Good luck

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Thanks Jaguar, I think I will have a draft set out before as doing it off the top of my head will end up me being a bumbling idiot.... just wish it was over.. I'm not sure how I'll feel over the judgement either way as I'm not sure what I'll do without stress of this magnitude

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

..... they won't expect you to be "all legal" and only expect you to show the proper respect to the court; adress them properly, stand (unless they say you don't have to) when speaking and don't interrupt or argue with the judge.

If the respondent (your tenants) attend and you wish to counter things they say, wait for them to finish their lies and then ask the judge "May I respond sir/madam," then you'll get your chance to counter their lies or if the judge thinks it's waffle they may tell you there's no need as happened to me recently.
Good luck

very very good advice for anyone attending court in these curcumstances ...

also, accounts listings, especialy with arrears evictions.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

CC I have all the accounts from December 2015 , also I had to do a running arrears list for the PCOL so listed all of the payments and running arrears in chronological order, also emails setting up payment plans that subsequently failed ...
It's quite a list to go through ... I'm not sure how quickly they go through everything

[jaguarsuk]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

very very good advice for anyone attending court in these curcumstances ...

also, accounts listings, especialy with arrears evictions.

Yes, make sure you have all your paperwork in order so you can find it quickly and make copies to give up to the Judge and over to the respondents potentially.

I recently lost a claim where the judge noted how refreshing that I had properly formatted my witness statement and provided all the documentation. The result, when it came to the defendant claiming costs under CPR 27.14 I asked "May I respond sir" and he simply looked at me then said "you're not going to have to," then went on to rebuke the barrister for questioning my exemplary conduct before awarding them costs of £0.00.

Hence why I say it's important to show the proper respect to the court, because even in losing I saved a fortune by playing the game.

- - - Updated - - -

CC I have all the accounts from December 2015 , also I had to do a running arrears list for the PCOL so listed all of the payments and running arrears in chronological order, also emails setting up payment plans that subsequently failed ...
It's quite a list to go through ... I'm not sure how quickly they go through everything

The judge will probably have a look at a few entries and then on seeing how diligently the accounts are kept accept that they are correct.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

wow.. I think I will be up all night going through everything... I can't believe it's such a fearful experience ... I'll be straight on here when I get back to give the verdict... It's a bit of a distance from me so could be a woeful drive

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

just one last question, will I need copy of the bank statements to collaborate the payments ?

[jaguarsuk]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

just one last question, will I need copy of the bank statements to collaborate the payments ?

Yes, because you need to show that the figures you are keeping are actually what is being paid to you.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

bit of a silly question wasn't it !!

[jaguarsuk]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

bit of a silly question wasn't it !!

The only silly question is the unasked and therefore unanswered one.