Updating post from Reddit.
I’m going to court for a tenant that hasn’t paid rent over 6 months. Filed Section 8 and been given a court date. Was just wondering if anybody can tell me what to expect when I’m there, any questions to expect etc?
Also what paperwork will I be asked for?
Thankyou in advance
Lots of things can happen, tenants can pay enough to stop the hearing going in your favour i.e. they will bring it to under 2 months arrears. Brilliant but then they stop paying again and the clock is reset for your section 8.
They could also ask for breathing space which buys them more time where you can do any actions (not sure if this moment has passed)
They could turn up to the hearing and try to defend
In my case they didnt even bother turning up to mine. The judge asked me for the ast and the payment breakdown of dates missed and owed etc. then i was asked for what I want so the property back, rent to be paid and make sure you dont forget to ask for the deposit money to be awarded towards the rent owed. They will then be given a date to pay by which when passed you can instruct the cc bailifs which is another wait and fee. You cant claim the deposit set by the hearing until post eviction but it makes it so much easier as the tenants cant dispute it.
I would suggest if you dont know, you shouldn't be DIY'ing it. Its always best to have a solicitor in with you and see how its done at least a couple of times before trying it yourself.
You get it wrong, it can be costly!
You enter a room with the judge, the tenant, and their solicitor if they are present.
They will review the paperwork you provided, inquire about payment records, and ask about the daily cost.
If the tenant shows up, they may have a defense, so you need to think on your feet. It's important to have evidence that you served notices, protected the deposit, and obtained the gas and electric certificates. Additionally, you should have the Energy Performance Certificate (EPC) and records of maintenance, including any maintenance requests. If any of these issues are raised, you can defend yourself on that point, but make sure to return to the issue of the arrears.
It's easy to get bogged down in arguments about maintenance, which you want to avoid. Circle back to the arrears point. Short, simple and factual answers.
They are not interested in how much its hurting you, leave emotions out of it.
think I may have left it a bit late for solicitor, but thanks for the good reply
They usually don’t turn up and the judge makes the order. The judge may enquire if there are any special circumstances such as disability before issuing the order.
I had a similar case. Look at my post for the list of documents to prepare:
https://www.reddit.com/r/uklandlords/comments/1fdrfdr/documents_for_pcol_court_hearing/
You could probably email your documents to the County Court beforehand (I think it's 14 days before, but check) and they will print their own copy for the Judge. There is a 50-page limit so only send selected pages of your AST.
When I went to Court, it was rather informal, just a room with two desks. The Judge asks a few questions, I provided the answers and pointed to written evidence. Tenant didn't turn up, so that was straight-forward. Point to think about before Court is what you want to be awarded in case the Judge asks. Be prepared also in case your tenant turns up.
If your tenant is claiming universal credit, he's probably claimed for rent and it is not going to you. Do a claim RIGHT NOW for both rent and arrears as it might be a while before the tenant is out of your house. Take a look here: https://www.gov.uk/government/publications/universal-credit-landlord-request-for-a-managed-payment-or-rent-arrears-deduction
I would never have wanted to claim from universal credit (for myself) but because the tenant is being fraudulent, we need to take action and direct his claim payments to the right place. Hope this helps.