View Full Version : possession
12-10-2011, 18:13 PM
Point 8 asks the following:
If the defendant seek postponement of possession on the grounds of exceptional hardship, is the claimant content that the request be considered without a hearing?
Whats the common selection for this question, yes or no?
13-10-2011, 07:40 AM
I would say NO. I take it you are the landlord?
13-10-2011, 08:00 AM
Lets look at potential timescales:
Say 'yes' - possesion may be delayed by up to 4 weeks (judge can only give 14-42 days notice to tenant). You can submit a written 'anti-extension' statement with the n5b.
Say 'no' and a hearing will be required. I'd expect that to be a 6 week wait, but lets say 2 weeks delay. After the hearing, the tenant will be given at least 2 weeks notice, but if their applicaion is successful - up to 6 weeks.
Overall, because of the need to wait for a hearing, I'd select 'yes'
13-10-2011, 08:22 AM
Great, I'm going to select Yes
The there was an ideal anti extention paragraph to write, so the judge views it in a positive light, what would it be?
13-10-2011, 09:30 AM
Would this be a suitable paragraph - or may the judge view it as aggressive?
In the event of possession being granted, and that the defendant seeks grounds for exceptional hardship, we are happy that this request be consider without a hearing. We prefer possession forthwith, without any postponed, as notice was served several months ago, therefore ample time has been given for the defendant to find other suitable accommodation.
13-10-2011, 09:50 AM
I've no experince with this, but I wonder if a summary of the ways in which the landlord has already allowed the tenant plenty of time to sort themselves out financially would be appropriate as part of the anti-extension statement.
It's probably also relevant if the landlord is aware of any evidence that the defendant is not facing exceptional hardship, e.g. they are still having take-away meals delivered, still going out to the pub, etc.
13-10-2011, 11:19 AM
I'd like to evict a tenant in arrears
I've started the n5b accelerated procedure
Is the section 8 pcol procedure a faster way to gain possession?
There are 8 weeks arrears, should i commence these proceedings as well?
13-10-2011, 17:54 PM
13-10-2011, 18:12 PM
Has a section 8 or section 21 notice already been served?
IF both notices have been served and both notices have expired then s21 is likely to be quicker.
IF neither notice has been served then s8 & s21 are likely to take similar times from service to bailiffs.
14-10-2011, 09:52 AM
Moderator: please merge with OP's previous thread
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