Updating post from Reddit.
Wanted to share our experience of the hearing process for those who might be self-representing claimants, and hopefully some tips. Disclaimer - obviously not a lawyer or legal professional.
We issued S21 and S8 to our tenant. We decided not to progress with the S21 as we realised our previous agent had not issued the correct documents, and we were likely to get the claim rejected once it progressed. Knowing that, and not wanting to return to the start of the process, we moved forward with S8.
We served Form 3 for Section 8 and copy-pasted the language for Schedule 2 Ground 1 as the reason. The NRLA have some excellent guidance online and by phone to help with this. Tip: Make sure you have also produced a Certificate of Service N215 for this step and have copies to accompany the claim in the next step.
After the tenant did not vacate after the notice had expired, we submitted forms N5 and N119 to the County Court along with copies of the Certificate of Service and Notices.
It took about 7 weeks to get a hearing date from the local Court, so in total around 2.5 months from submitting the claim and particulars, to actually being sat in the Possession Hearing (about 5 months in total from first giving notice to the tenant.)
We prepared a full bundle of evidence including a cover letter, a witness statement, plus copies of the relevant ASTs, the notices, the claims and any communications. Definitely overboard, but better to be over rather than under-prepared. We submitted this as a physical bound copy to the court two weeks prior to the hearing via their dropbox, with the hearing number on the outside. We had tried to submit via email to the Possessions email address on the hearing notice, but had too many files. In the end, physical submission allowed us to control the formatting better anyway. If self-representing, I can't recommend this enough!
Make sure the witness statement is factual, not emotional. Use numbered, short paragraphs. Highlight relevant lines of text in documents. Number each page as if it is one continuous document and reference in your statement. Produce a table of contents.
We also emailed a copy of the evidence bundle to the tenant, but you need their permission to do this (instead of posting it.) Also produce a Certificate of Service for this.
At the hearing, bring exact copies of the bundles in lever arch files with the same highlighted and numbered pages. Dress smart, turn up early. You'll likely be in a waiting room with the tenant, who will likely use the duty solicitor. The duty solicitor may ask you questions and ask to see documents as the tenant will likely not have brought anything with them.
The judge had the file on their desk and had clearly read through the witness statement and key documents ahead of the hearing. When asked, state clearly that you are seeking possession of the property, the ground you are relying on and requesting costs for fees of raising the claims in court.
We were asked some functional questions (e.g. When did the AST start? When did you give notice? How much is the rent?) Answer these clearly and briefly.
In the end, we were granted a 14 day order and costs for the fees. The duty solicitor, even for mandatory grounds, may try and argue for adjournments or delays to the order. Stay firm and clear in your reasons for rejecting these. The judge confirmed that bailiffs would be expected around 6-8 weeks after the expiry of the notice, and that there is a moratorium on evictions over Christmas and New Year.
Certainly the most stressful process of my life, but proper preparation and being thorough definitely helps.
Above all else, good luck.
Great summary. Esp. about certificates of service.
“The duty solicitor, even for mandatory grounds, may try and argue for adjournments or delays to the order. Stay firm and clear in your reasons for rejecting these.”
It’s best to remember too that keeping to the facts of the case is what’s most important here- the judge doesn’t want your opinions, that’s not what impacts the judge’s decision.
100% - should have been clearer on that point! If given the opportunity to rebut or refute, then always do so from a basis of evidence and fact, rather than emotion. Having a well built and organised bundle makes it easier to find the specific evidence you need in the heat of the moment.
Thank you very much for sharing.
Are you currently at the stage of waiting for bailiff action?
We'll be at that point very shortly. Of course, then it's another waiting game of sorts, but at least the task is only administrative at that stage.
Sorry you had to do this. Who slipped up in renting to this tenant? I mean, did someone not do a background check? what kind of tenant are they?
I won't go into any specifics, but there's nothing the tenant has done that is outside of the law as its written today. They're choosing to enforce their rights. Ultimately, any tenant could do what they've done regardless of background checks, or the type of tenant that they are. Its frustrating as a landlord, but ultimately, the opportunity is there for them, so its understandable they'd take it. Major overhaul of the laws and process to regain possession are needed.
What you've said about "rights of tenants" is what tenants without principles nor character would do, to the misfortune of kind and honest landlords. They make justice loose its meaning.
Yes, a major overhaul of the laws and process to regain possession is much needed.
I think the blanket approaches to the law in the guidance provided by councils and others is one of the main issues. (Worth reviewing the Brentwood council case via the Local Gov Ombudsman...)
This enables and emboldens tenants to push the boundaries of a "realistic" defence, and does nothing but tie up court time and public money, as well as hurting tenants who might have genuine disputes with bad landlords.
Moving to an arbitration system specifically for housing could free up hundreds of hours of court time a year.
Beyond that it’s to the misfortune of kind and honest tenants. Whether we’re looking for or currently in situ it adds to the cost and adds to the admin and adds to the negative labels and adds to the burden on the underfunded judicial system…keeping within the letter of the law costs everyone, staying within the societal expectation of law costs so much less it’s negligible
Agreed.
Kind and honest people (be it landlords, tenants, employers, employees, neighbours, spouses, etc, etc) suffer when having to deal with people without principles. However, I'd rather have integrity than not, and am glad we can walk with our heads held high and have nothing to hide. It pays off eventually, even if it's not always financially.
I just wish justice in this society was more just!!
If there were elections for a member of parliament for the seat of Reddit we’d have a coalition, or be the equal opposition to farrage, either way I’d be happy