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repossesion order

Started by Frankieb04, March 05, 2019, 06:01:31 PM

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Frankieb04

I have submitted a possession order for a property however my tenant has indicated he will be moving out before the court date. My question is will I get my fee back if I cancel the court hearing.

theangrylandlord

#1
You have to contact the court and cancel the court proceeding BEFORE THEY PROCESS the request.  Processing is the courts first step and waaay before the hearing.  Cancelling before the hearing doesnt get a refund.  However you are able to claim that cost against the tenant.  But unless you have a deposit that could be another court order :)

If they have already processed it you will get nothing.  I once had to argue with the court about which day I had cancelled and which day they had processed it so make sure you keep a record of your request.

In your case I’m not sure you will get anything back as likely your tenant will move out after your claim has been processed and even if you just submitted and you could revoke before processing you probably don’t want to cancel it based on a promise from a tenant (in arrears?)

Martha

Quote from: Frankieb04 on March 05, 2019, 06:01:31 PM
I have submitted a possession order for a property however my tenant has indicated he will be moving out before the court date. My question is will I get my fee back if I cancel the court hearing.

And you believe them?