Recent content by Serena

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    Enforcing court orders for monies owed

    Withe our tenant having been evicted on 24th October 2014, but taking until 23rd January 2015 to collect his belongings, we finally have vacant possession of our property again which is good news. We are, however, now keen to pursue the tenant for what he owes us (we have 2 court orders against...
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    Money claim issue

    It was served on T by ordinary post. We don't plan to tamper with it / open it etc... but we do want it to be passed into his hands, and we do not have a forwarding address. Can we hand it to him along with the rest of his post when he comes to collect his belongings?
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    Money claim issue

    Our claim for unpaid rent has been forwarded to our tenant from the Money Claims court. However, it arrived after he had been evicted by Bailiffs. Our own Notice of Issue states that it was sent to him on 5th November and will be deemed as having been officially served on the 7th. He has been...
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    Evicted tenant requesting access for belongings

    Thank you Jeffrey. Would the agent normally be an estate agent? i.e. the Lettings agent who managed the property? Or are there specific agents who would oversee this kind of thing? Do we need to have a legal document drawn up, or just provide a letter outlining what is expected... eg. how long...
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    Evicted tenant requesting access for belongings

    Our tenant was successfully evicted by High Court Enforcement Officers on 24th October. He was not at the property at the time, so the locks were changed preventing him access on his return. He has now been in touch requesting access to retrieve his belongings. The flat is in London and we live...
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    Pursuing tenant for rent arrears

    Thank you, that's really helpful. Finally, in terms of specifying our preferred County Court Hearing Centre for hearings, do we just choose the one most convenient for us. This doesn't have to be near the tenant / property does it?
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    Pursuing tenant for rent arrears

    Thanks Rebecca. We wish to claim interest... Our tenancy agreement states: 2.3 'The landlord reserves the right to charge interest (calculated from day to day) at 3% over the Bank of England base rate on late payments and the landlord may recover the interest as though it were rent.' Should I...
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    Money claim

    Is it obligatory to have sent a 'letter before action', prior to completing an N1 money claim form for rent arrears? Is this a required step to have completed?
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    Pursuing tenant for rent arrears

    We have successfully gained a Possession Order following serving a Section 21 notice, and are now in the process of transferring to the High Court to evict the tenant (due to delays enforcing through the County Court). We also now wish to claim for lost rent, and have been advised to complete...
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    Section 8 notice whilst hearing pending?

    Hi Rebecca... thanks for your feedback. Re the section 21, if the order is set aside on these grounds, how would we be expected to resolve the deposit issues before re-serving the section 21? Would we have to return the deposit to him and then serve the section 21... Or protect it after the...
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    Section 8 notice whilst hearing pending?

    Having served a Section 21 notice on our tenant back in February, we successfully obtained an Order for Possession. However, just as we were about to authorise the Bailiffs, we received a letter from the court saying the tenant had made a request for the order to be set aside, and a hearing has...
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    Order For Possession- but on what date?

    Hi Rebecca - I was just wondering if you'd seen yesterday's post... Just unsure whether we should be sending our paperwork back to the court (with the correct court fee) in an attempt to avoid a court hearing, or whether you feel we should now be preparing our case for court. Many thanks for...
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    Order For Possession- but on what date?

    Hi Jeffrey - so are you saying that if a hearing takes place... he can't 'win' i.e. be given leave to stay in the property? We'd be given permission to proceed with the possession order via the Bailiffs?
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    Order For Possession- but on what date?

    Hi Rebecca I'm very grateful for your response to my queries. We actually missed your reply as had already left on holiday, so we had already submitted the N244 form to the court, along with all our supporting information, before leaving. Having returned late last night, however, we have...
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    Order For Possession- but on what date?

    OK, thanks Jeffrey.