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Question

Landlord Wants Tenant to Leave (England)

Tenant has put in Hardship defence

1 Dec 2016 | 3 comments

Hi Adrian
We have been granted a possession order (via S21) for 12th Dec 2016 but the tenants (very poor english speaking Polish couple) have put in a defense of “having no where else to live”. The hearing is listed for the 7th Dec 2016.

It will be hard for the landlords to make it to the hearing as out of the area. My question is, can we/Landlord write to the court to counter the request and if so do you have a sample form letter that would be suitable?

Also could the fact that the tenants do not speak good English have an effect on the outcome?
Many thanks

Answer

3 Comments

  1. guildy

    Please accept my apologies for the delay in replying – I’ve been hosting training all day.

    It is always better if the landlord can attend especially if the option in the court form was left blank about the court deciding an exceptional hardship claim (which this is).

    However, if they can’t attend, then a letter to the court might be read by the judge (but not guaranteed without attendance).

    We don’t have a template but please see this article which explains about exceptional hardship.

  2. 1476

    Thanks for that. The court form was ticked yes for any hardship counter claim to be heard without a hearing. So unsure why the court has requested a hearing but this court has done the same previously.

    These tenants have already refused the offer of emergency housing from the council and we have council emails confirming this.

    Because we (agent) have this info plus details from your hardship article could we submit it in the form of a witness statement? Or is there a more suitable form to use or is just a letter the best route?

    The landlords are going to try and come to the hearing but cant guarantee it at this stage but we could get a signed letter from either them or ourselves to the court in advance but not sure on the best format.

    • guildy

      I think because the appropriate box was ticked, the landlord has good reason not to attend.

      Anything sent should be from the landlord. You would be able to attend but only if the landlord attends and then asks for you to also be a witness. Therefore, it’s just easier to make everything directly from the landlord.

      If the landlord is not going to attend, they should do a letter to the court explaining the appropriate box was ticked and relevant parts of our article could be inserted into the letter – drawing the courts attention. It is also acceptable to enclose written proof that they have turned down other offers of accommodation.

      The maximum time allowed is 6 weeks so only an extra 4 could ever be added on.

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