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rizwany84
12-04-2010, 12:05 PM
PCOL, section 8, grounds 8, 10 and 11.

I have a court hearing. The first hearing was adjourned due to the tenant lying and saying he paid more than he did and I didn’t bring my bank statements with me to prove otherwise.

My hearing is on Wednesday and I am very confident that I will get possession notice. I am also claiming for arrears of rent. But this morning the tenant posted to my house (as I live round the corner) the keys to the property and a letter saying he will pay the arrears in 12 monthly installments (the arrears figure is in dispute). I visited the property and it is vacant and in a complete mess. I fully refurbished the house before I let it out and now it needs about £2k worth of work doing to it before I can let it out.

When I go to court on Wednesday, assuming he turns up, hopefully I will get my possession order. I did do an inventory, but in court should I mention I went round to the property to confirm it is vacant. I do not have any forwarding address for the tenant, just a mobile number. How can I tell the court he has damaged the house and he should be paying for it (I did do an inventory which the tenant has signed)?

Any help greatly appreciated.

Snorkerz
12-04-2010, 12:11 PM
I believe the s8 hearing will only deal with rent due. Dilapidations should be dealt with via the deposit or through a separate claim at www.moneyclaim.gov.uk. You can do this without a forwarding address (ie, use last known address) but you will find it difficult to enforce without knowing where the tenant is.

Long shot - if you can prove the dilapidations at court, you might be able to get the judge to make an order that the tenant to disclose his curret location. This would be in the courts interest as, if T doesn't pay the rent, the order will be put on the register of unsettled county court judjements (CCJs) and the court would surely want to make every effort to ensure the "judgement debtor"s details are correct.

rizwany84
14-04-2010, 18:33 PM
Just thought i would let you know how things went. Tenant never came to court. Judge awarded mandatory possesion and full amount of arrears.

thanks for your help.

Snorkerz
14-04-2010, 18:43 PM
Good News.

Just a matter of enforcing it now....