SMF - Just Installed!
Started by DiamondsForever, January 25, 2024, 10:47:43 PM
Quote from: jpkeates on January 26, 2024, 08:51:09 AMThere's not an option to file a defence after a possession order. Do you mean you've made a possession claim?If so, there'll probably be a hearing, which you and the tenant need to attend, amend yes, you'll be able to provide evidence (which won't, technically be a defence, because it's your claim).Some of this depends on the basis of the claim, if there is one. There's no defence based on disrepair possible for a claim based on a section 21 notice, but there is for a section 8 notice for rent owed.
Quote from: DiamondsForever on January 26, 2024, 03:14:40 PMThe tenants were served with Section 21 and then I applied for Accelerated Possession. However, the tenants did not vacate the property within 14 days and instead filed a defence. I was in the process of asking courts to transfer case to the high court and getting high enforcement officers to remove the tenants.
Quote from: jpkeates on January 26, 2024, 03:42:08 PMQuote from: DiamondsForever on January 26, 2024, 03:14:40 PMThe tenants were served with Section 21 and then I applied for Accelerated Possession. However, the tenants did not vacate the property within 14 days and instead filed a defence. I was in the process of asking courts to transfer case to the high court and getting high enforcement officers to remove the tenants.There's a step missing from that account between "applied for an Accelerated Possession" and the tenant needing to vacate. Either the court awarded you possession, in which case there's no opportunity for a defence, or they didn't and it's not possible to instruct bailiffs yet.If the court has awarded possession, it's more likely that the tenant is either asking for the possession order to be increased from 14 days on the basis of extreme hardship or are appealing on the basis that they didn't know about the court hearing where a possession order was issued.But, either way, there's no defence for a s21 notice based on disrepair or harassment. The defences to a s21 notice are entirely procedural - deposit not protected, no Gas Safety Certificate, that kind of thing.
Quote from: jpkeates on January 27, 2024, 11:40:31 AMRight. So there's no possession order, yet.A court hearing is anxiety inducing, but for you and the tenant. But, you need to turn up (or send a solicitor), not turning up means the claim will be dismissed (or, if you're the tenant, awarded by default). It's stressful, but not like a court case in the films, it's usually a meeting room with three or four people in it.The summary is a bit short on detail, but you can't use the accelerated possession route if there's no written tenancy agreement, so that one is black and white. You either can or you can't use that route.The "proper notice" one is a bit more deceptive, have a look at the flow chart in the sticky on this forum and that'll tell you if the notice was valid or not. If it is, there's no other defence, so anything else the tenant claims is pointless (true or not). And, if it's not, sort out the issue and serve notice again.
Quote from: jpkeates on January 30, 2024, 04:23:48 PMNone of those things should be a defence to a s21 possession claim. As long as you've done everything by the book, it's not really possible for a tenant to defend against the claim. But if they offer any kind of defence at all, they're entitled to a hearing to review it. And the legal system is currently a complete mess, so everything is very slow. So they might end up getting the time they want in court delays.