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medlock
13-04-2010, 20:39 PM
i have a hearing in a few weeks, after i served my claim form for possession via the s8 route

my grounds are 8, 10 and 11

i have several questions if you dont mind:
1. assuming the tenant doesnt pay his rent at the last min (taking the arrears below 8 weeks), what are the probabilities of gaining my possession order?

2. can the tenant delay the process by claiming dis repair - i've read on this site that this is possible and a solicitor told me this is a common delay tactic by the claimant, even if there isnt dis repair - building surveyor get called in, adding several weeks/months to the s8 process

3. if the answer to q2 is a yes, can i get someone to check the room to verify there is no dis repair - it was actually newly refurbished 4 months ago

4. the tenant has been acting erratically and being anti social to the neighbours and nearby tenants - should i mention this to the judge (along with evidence) or wouln't he consider it as it isnt part of the grounds i am seeking possession for?

5. if the answer to question 4 is a no, should i add the ground relating to anti social behaviour at the hearing or before the hearing - or will this delay the process?

its my first s8, so its an interesting experience!

many thanks!

Poppy35
13-04-2010, 20:53 PM
i have a hearing in a few weeks, after i served my claim form for possession via the s8 route

my grounds are 8, 10 and 11

i have several questions if you dont mind:
1. assuming the tenant doesnt pay his rent at the last min (taking the arrears below 8 weeks), what are the probabilities of gaining my possession order? ensure all your paperwork is in order, including having the AST, Deposit Protection Certificate, copies of the notices, inventory etc to hand. The defendant may not even turn up so all being well possession should be given

2. can the tenant delay the process by claiming dis repair - i've read on this site that this is possible and a solicitor told me this is a common delay tactic by the claimant, even if there isnt dis repair - building surveyor get called in, adding several weeks/months to the s8 process I would not worry about this until the day as there is nothing you can do if the judge suspends the case for this reason

3. if the answer to q2 is a yes, can i get someone to check the room to verify there is no dis repair - it was actually newly refurbished 4 months ago

4. the tenant has been acting erratically and being anti social to the neighbours and nearby tenants - should i mention this to the judge (along with evidence) or wouln't he consider it as it isnt part of the grounds i am seeking possession for? No, you are not evicting on these grounds so I would not bother, in my experience the judge is only interested in facts so sticks to those and you should be fine

5. if the answer to question 4 is a no, should i add the ground relating to anti social behaviour at the hearing or before the hearing - or will this delay the process? depends what evidence you have of anti social behaviour? Letters, notices from local council etc, police reports

its my first s8, so its an interesting experience!

many thanks!

Good luck and hope you get your possession.