Ann.C
16-03-2010, 15:11 PM
I sent off my Request for Possession Order on 5th March as tenants had apparently not filed their Defence by 4th March. As always recommended, I sent it Recorded Delivery and have sat back with bated breath waiting for the decision from the Court hopefully giving my tenants 14 days to leave. Luckily I checked via the postal tracker to find out that the wonderful Royal Mail have apparently lost my documents and don't know where they are. Rather snotty person from Royal Mail has told me it is my fault and I should have sent it via registered mail or guaranteed next day delivery.
This set me off panicking and I rang the Court who advised that I could fax it over with my proof of posting and they will try to give it priority but still can't confirm when it will be put in front of a Judge. Which now (finally) leads me to my question. The Court Official mentioned that the tenant had filed a defence but it was received too late and was returned to them. Does this mean that if the Judge is happy with my paperwork (Section 21(1)(b) correctly completed, deposit protected, etc., then the tenant will be given 14days to leave and their only available course of action is to try and extend the 14 days and by delaying sending in their defence they have no chance of staying the property. Or, can they still make all the wild claims about me that they made on their recent defence of my claim against them for rent arrears - usual rubbish - harassment, unapproachable, unco-operative etc. I can accept the unapproachable, I live 250 miles away from them!, however, all contact has been through my Letting Agent.
This set me off panicking and I rang the Court who advised that I could fax it over with my proof of posting and they will try to give it priority but still can't confirm when it will be put in front of a Judge. Which now (finally) leads me to my question. The Court Official mentioned that the tenant had filed a defence but it was received too late and was returned to them. Does this mean that if the Judge is happy with my paperwork (Section 21(1)(b) correctly completed, deposit protected, etc., then the tenant will be given 14days to leave and their only available course of action is to try and extend the 14 days and by delaying sending in their defence they have no chance of staying the property. Or, can they still make all the wild claims about me that they made on their recent defence of my claim against them for rent arrears - usual rubbish - harassment, unapproachable, unco-operative etc. I can accept the unapproachable, I live 250 miles away from them!, however, all contact has been through my Letting Agent.