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Question

Applying to Court for Possession — Standard Procedure (England) | Landlord Wants Tenant to Leave (England) | Tenant Moves Out (England)

Court Hearing Refund

18 Sep 2016 | 1 comment

Hello,

We have been processing through a Sec. 8 for a tenant which has lead to a court date for 31st Oct. However, with some persuasion the tenant has decided to move out. I plan to keep the court date in place until they have moved out and we have the keys but if they do leave the property and the court hearing is no longer required is it possible for a refund from the county court?

Many thanks

Matthew

Answer

1 Comment

  1. guildy

    Unfortunately, no you wouldn’t receive a refund.

    My advice would be to let the claim continue. Even if you have got possession by the date, you are still entitled to an order for any money outstanding and costs.

    In addition, it’s a good opportunity to get some court experience when the outcome doesn’t matter. Even if you lost (which is unlikely), it wouldn’t matter to you so if there is a next time you will be more prepared and familiar.

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