This week one of our members contacted us in relation to an ongoing claim they were involved in to recover possession of their property due to the tenant being in arrears.
They had decided previously, based on another call to our advice team, to go down the section 8 route, as their tenants were in at least 2 months of arrears and unlikely to pay this money off and would be in even more arrears by the time a court hearing was scheduled.
Our member wanted to recover the arrears owed to them at the same time as going to court, so section 8 would be the way to go about this.
They had correctly served a section 8 notice and given just over 2 weeks’ notice period for the tenant, before contacting us again and following our completion notes to complete the N5 & N119 court forms to apply for a court hearing.
Unfortunately, at the original hearing the tenant raised issues about repairs at the property that were simply not there. As the judge is obliged to consider possible defences to the possession claim this meant that a second hearing had to be scheduled. We had discussed this possibility with our member and they were aware it may happen with the way section 8 works. There was then a second hearing where the claims from the tenant were shown to have been greatly exaggerated, or outright false, and now the possession order and money judgement has been granted.
Our member then contacted us just to make sure that they were okay to proceed on enforcing this possession order once the date that possession should be given up has passed.
We were able to advise them that although there is some possibility that tenants may apply for the order to be extended or varied in some way, or to appeal it, the fact is that you have had a possession order granted, and you can enforce it through the county court bailiffs at the relevant time to be able to regain possession of your property. Although there is still some risk of further delay not all tenants will do this, and you can be certain of getting your property back within the near future.
Rupinder Aujla, LAT Team Manager, had this to say; “It is important that our members have an understanding of what to expect when regaining possession of their property, as it is unfortunately not always a simple and easy process. The landlord advice team are able to advise on the ins and outs of the procedure of regaining possession so that our members can be confident that they are taking the right steps to fairly and legally take back possession of their property.”
The RLA has launched a new Section 8 e-Learning course for landlords. This course covers the key information that landlords need to know about Section 8 notices, including the grounds for possession, when a Section 8 notice can be served and how to complete a Section 8 notice. The grounds for possession and when a section 8 notice can be served. Sign up here.