Tag Archives: court

my first eviction – update2

Possession Court Hearing

The possession court hearing for my first eviction was scheduled for today at 12pm. I put my suit on and took the following evidence:
Tennancy agreement
Rent received statement
Section 8 notice
Court Possession Hearing letters

I ended up being 8mins late due to traffic and I thought I was going to miss my appointment so whilst driving was cursing all the slow drivers on the way! I even had to park my car on double yellows outside the County Court as I didn’t want to miss my appointment. Luckily the hearing was late as the judge was still in session so I got to move my car into a nearby carpark.

judge hammer

Bad Tenant

When I sat down in the waiting room I could see my tenant but did not make eye contact with them. I felt quite bad as this is finally the day a judge will hopefully ask them to leave. I had to tell myself again, its the tenent that has done me over by not paying me money that they owe me, they owe me money a lot of money. They owe me money and have made no effort to repay any of it. They have been living in MY HOUSE for free, whilst i am paying the mortgage.

After 35min in the waiting room me and my tenent where finally called to see the judge. The court room was surprisingly simple, clean and slightly clinical in feeling. The judge was very friendly and reminded me somewhat of a primary school teacher with big smiles and a very warm personality. He didn’t strike me as a judge dread type of character at all. I felt very comfortable in the courtroom.

My tenant was being represented by the duty solicitor who was very inpersonal and to the point, but i guess that is her job. The judge had not actually had a chance to look over the case files and mentioned that he didn’t have them with him. He asked the duty solicitor to explain the situation which she did. The tenant hadn’t paid rent since May 2007 and had no payment proposal to pay the rent of the arrears. the tenant had been to see the council housing and will go back later today. The judge told us that he had no choice then but to grant possession to me in 14 days. With this information on paper the tenant then would stand a good chance of getting alternative accomodation with the council. The judge also told me that the tenant now has a judgement against them for the arrears (£3600+) but I would need to make seperate arrangements to recover that debt. I doubt I’ll see any of that money again.

I had a little word with my tenant outside of the courtroom and they were still adamant that they would pay me back my money. I arranged to meet them at the property in 14 days to see them out and told them that we can then take it from there. I’m slightly doubious that they will leave that easily.

I’ll report here what happens.

You can read my earlier posts on my first eviction here and here