Proving Rent Arrears

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...

Postpone possession up to 6 weeks

If a tenant wishes to postpone the date for possession, they may ask the court for up to six weeks if exceptional hardship would be caused under section 89 Housing Act 1980. In addition, the court may not hold a hearing to determine exceptional hardship at any time on...
Set aside Possession Order

Set aside Possession Order

An order for possession may be set aside by the court if one party fails to attend a trial. [CPR 39.3] Note: The word “trial” is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore...
Set aside Possession Order

Set aside Possession Order

An order for possession may be set aside by the court if one party fails to attend a trial. [CPR 39.3] Note: The word “trial” is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore...
Judicial Review

Judicial Review

Judicial Review is where a landlord might go to court when there is no other alternative for example appeals etc. It can only be used against public bodies like local authorities. An example of when Judicial Review might be used is if a local authority refused to make...
Sanctions for non-compliance with a pre action protocol

Sanctions for non-compliance with a pre action protocol

PRACTICE DIRECTION – PRE-ACTION CONDUCT Sanctions for non-compliance 4.5 The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions. 4.6 If, in the opinion of the court, there has been non-compliance, the...

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