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View Full Version : Possession proceedings against T; can L act for self?



Kolin
22-01-2009, 12:10 PM
Hello everyone

Firstly, I apologise if my queries have already been answered in other threads. I have looked...

I have tenants on ASTs that have become periodic tenancies. I asked a solicitor to serve them the Section 21 notice, which has been done. All the documentation is in order. As one would expect, they have since failed to pay the rent, and I believe they won't pay next month's rent either. My solicitor has told me the likely costs for applying for a court order for repossession would be over 500 pounds, but I need the money for repairs, so I am considering representing myself in court. My questions are:

Does the book "Bringing a Small Claims Action" have information about getting a court order for repossession of a property?

Can I use the accelerated possession procedure also to claim for rent owed?

Could I claim legal fees if I don't want to represent myself?

Is self-representation to be entertained by a bloke with a strong Somerset accent or will I get laughed out of court?

Thanks in advance for your help - hopefully I can get more justice than my brother who was living in the property - they evicted him!

Regards

Colin.

SALL
22-01-2009, 12:25 PM
Hello everyone

Firstly, I apologise if my queries have already been answered in other threads. I have looked...

I have tenants on ASTs that have become periodic tenancies. I asked a solicitor to serve them the Section 21 notice, which has been done. All the documentation is in order. As one would expect, they have since failed to pay the rent, and I believe they won't pay next month's rent either. My solicitor has told me the likely costs for applying for a court order for repossession would be over 500 pounds, but I need the money for repairs, so I am considering representing myself in court. My questions are:

Does the book "Bringing a Small Claims Action" have information about getting a court order for repossession of a property?

Can I use the accelerated possession procedure also to claim for rent owed?

Could I claim legal fees if I don't want to represent myself?

Is self-representation to be entertained by a bloke with a strong Somerset accent or will I get laughed out of court?

Thanks in advance for your help - hopefully I can get more justice than my brother who was living in the property - they evicted him!

Regards

Colin.
The book might confuse you, Read up on section 21 and section 8 possession orders.
NO, you need to go down section 8 route to claim rent arrears at the same time as possession.

If you are successful, you will get an order for the tenant to pay the legal fees (but getting them out of the tenant is another thing)

What do you mean by that? Did the tenants force your brother out?

Paul Gibbs
22-01-2009, 12:35 PM
Hello everyone

Firstly, I apologise if my queries have already been answered in other threads. I have looked...

I have tenants on ASTs that have become periodic tenancies. I asked a solicitor to serve them the Section 21 notice, which has been done. All the documentation is in order. As one would expect, they have since failed to pay the rent, and I believe they won't pay next month's rent either. My solicitor has told me the likely costs for applying for a court order for repossession would be over 500 pounds, but I need the money for repairs, so I am considering representing myself in court. My questions are:

Does the book "Bringing a Small Claims Action" have information about getting a court order for repossession of a property? It has basic info on the process. see comments below

Can I use the accelerated possession procedure also to claim for rent owed? no you can use the accelerated procedure to get possession but not for rent arrears. You can sue the tenants later for the rent arrears if you think they are worth it.

Could I claim legal fees if I don't want to represent myself? technically yes but the sums are small. under the accelerated procedure the fixed costs are (IIRC) £219.50 - this is the court fee of £150 plus £69.50 fixed costs. As a litigant in person you can claim two-thirds of the legal costs (£46.33) plus the £150 court fee.

Is self-representation to be entertained by a bloke with a strong Somerset accent or will I get laughed out of court? Your accent would be irrelevant unless it is put on to try to humor the court - which would not be advised! as long as you speak politely and are dressed suitably for cour tI doubt the court would mind (by suitably I mean no jeans, a suit if you have it but if not a shirt and smart trousers - turning up similar to Vicky Pollard may raise questions!)

Thanks in advance for your help - hopefully I can get more justice than my brother who was living in the property - they evicted him!

Regards

Colin.

see comments above

The court form is straightforward. Once issued the defendant has 14 days to file a defence. The defence is really only whether the notice is invalid, or failing that can they have more time to stay.

Once a possession order is made wait for the date for possession to pass and instruct bailiffs.

Kolin
22-01-2009, 13:32 PM
Thanks to SALL and Paul for replying. To SALL: the tenants are sisters of my sister-in-law. My brother, his wife, baby and her two other children, moved into the house without my consent. One day he arrived from work to find his possessions in bin bags outside the house. This was many months ago. My brother has since left his wife - after she tried to run him over - and she has returned to their house, which is where I hope her sisters also end up. He told me none of this. In spite of what they think, it is not a vindictive action on my part - I seek possession for other reasons.

Thanks Paul. You've encouraged me to go for accelerated possession via self-representation. It seems to me that as long as I follow the correct procedure it is fairly straightforward. I was just wondering whether the book spells out what that procedure is. I suppose I just want to know from whom I get the many forms I will need and to whom they need to be sent. The only real worry I have is that the original AST was not witnessed - they signed in their then home and I had neglected to take a witness. My solicitor tells me this isn't a problem, and that the documents are in order. I take it you agree with her that an unwitnessed AST is not a problem?

I will of course be polite in court - sorry if I was a bit flippant in my last post.

Thanks
Colin.

Paul Gibbs
22-01-2009, 15:43 PM
Thanks Paul. You've encouraged me to go for accelerated possession via self-representation. It seems to me that as long as I follow the correct procedure it is fairly straightforward. I was just wondering whether the book spells out what that procedure is. I suppose I just want to know from whom I get the many forms I will need and to whom they need to be sent. The only real worry I have is that the original AST was not witnessed - they signed in their then home and I had neglected to take a witness. My solicitor tells me this isn't a problem, and that the documents are in order. I take it you agree with her that an unwitnessed AST is not a problem?

I will of course be polite in court - sorry if I was a bit flippant in my last post.

Thanks
Colin.


you can go under section 8 instead - you are able to issue your claim faster but there will be court hearings - whereas under s21 route its unlikely you will need to attend court.


The "Book" you refer to is about 1 side of A4 folded up its not exactly war and peace!!!

The forms can be found on the internet - links below: -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n5_0805.pdf
(claim form for s8 notice)

http://www.hmcourts-service.gov.uk/courtfinder/forms/n5b_e.pdf
(accelerated claim form)