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Alice H
Alice H, Solicitor/Partner
Category: UK Property Law
Satisfied Customers: 2850
Experience:  LLB (Hons) and 20 years legal experience
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Hi, I just did a property possession claim for my flat as my

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Hi, I just did a property possession claim for my flat as my tenant has not paid rent. I have been given a court date. Do I need to attend court?

www.possessionclaim.gov.uk/pcol
My name isXXXXX and I'm happy to help with your question today.

You should attend the hearing unless the tenant indicates in advance that he is moving out and will not be contesting your application.

If you do not attend the matter could proceed in your absence. The Judge may not have enough information to deal with the case. The tenant may raise issues which you need to deal with.

Its very much in your interests to be at the hearing.
Customer: replied 3 years ago.

Hi Alex, thanks. It's a very long way to travel, that's the issue.

 

I have good grounds for eviction as the tenant owes me £1800 also he was convicted of assaulting a neighbour.

 

Can I send my wife or do I have to attend myself?

 

Can you also tell me what happens to the rent arrears? Will the tenant be ordered to pay me them?

Hi

Where is the court in relation to where you live?

Alex
Customer: replied 3 years ago.

the court is Eastbourne. I live in London.

Hello.

The court will not hear from somebody standing in for you. Only the party to the proceedings has a right of audience. You should attend the hearing - otherwise the matter will proceed in your absence and could go against you.

Alex
Customer: replied 3 years ago.

ok thanks.


 


Can you also tell me what happens to the rent arrears? Will the tenant be ordered to pay me them?

Are you using the s.8 or s.21 Housing Act 1988 procedure? Have you claimed the rent arrears as part of your claim or just possession?

The court will not award anything more than what you have actually cited in your claim. So you need to claim the arrears as part of the proceedings before the Judge can award this sum.
Customer: replied 3 years ago.

section 8. Yes I claimed it. But I know the tenant probably doesn't have the money to pay me back.. So I'm wondering what will happen in this case.

Good Evening

If you claimed the arrears as part of the proceedings then these should be awarded in your favour. Unfortunately, even if you get an award for the arrears you might not be able to recover the money if the tenant has no money. However, you have 6 years from the date of the judgment or order to enforce so if at some time in the future she comes into some money you might be able to recover something. Sadly there are many cases where the landlord is able to recover the premises but is still out of pocket due to unpaid rent arrears.

Alex
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