Fearns (t/a “Autopaint International”) v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) Set off One of the main problems of the notice seeking possession (section 8 notice) usually used for rent arrears claims is the tenant’s make a claim against the landlord for random disrepair issues, often never previously notified to the landlord (I had exactly this type of case where the tenant pleaded in court that...

Hi Adrian I see you have now some guidance for completing a charging order which is very helpful. Do you have any plans for guidance to request the courts to make payment direct from the tenant/guarantor bank account. If you know the bank account details? Also for a request for the tenant/guarantor to appear in court and declare certain information such as bank account details, income, savings etc etc? many thanks

When taking a guarantor for a tenancy, it is good advice to ensure the guarantor is a home owner. This way, if the tenant defaults the guarantor can be held liable and ultimately if they are a home owner you can obtain a charging order against land or property they own. This page offers guidance on obtaining a charging order and in particular guidance on completing form N379. What is a charging order? It is an order of the court placing a...

The majority of cases where goods have been left at the property by a tenant are when the tenancy has been abandoned. You should consult Guidance note number 13 for details on abandoned tenancies. This guidance assumes there is no question as to whether the tenant has left or not. It purely deals with the situation that the tenant has gone (either via abandonment, court order or surrender). When one party (the bailor) leaves his goods in the...

When a section 8 notice has been served on the ground of two months rent arrears ( ground 8 ) and proceedings commenced, a landlord must prove at the court hearing that the tenant was (a) two months in arrears at the time of service of the notice and (b) that the tenant is two months arrears at the time of the hearing. Different amounts apply where the periods of the rent payable is different to calendar monthly. (see schedule 2 Housing Act...

The tenant is pursuing the landlord for 3 x deposit for a failure to protect the deposit within 14 days (the deposit has been protected though albeit late). The landlord is counter-claiming over £3,000 in rent arrears and defending the deposit claim. However, the tenant has provided a P.O. Box for his address. This of course would make it difficult to enforce any judgement if the landlord was successful. Is a former tenant allowed to proved a...