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...

Adjournment, suspension and stay possession proceedings

A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article attempts to explain the law of adjournments and postponement of possession. Accelerated...

Standard pre action letter – Rent arrears AST (tenant in occupation)

Introduction Since April 2009, landlords or agents should serve a letter before claim when planning court proceedings. When to send letter A section 8 notice is ideally served when a tenant is two months or more in arrears. However, a pre action letter could be sent...

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...

Can court revoke or vary order previously made?

Often, deputy district judges can suggest that once they have made an order, that they can no longer vary that order and that the matter must be dealt with by appeal. This is not always the case. If a person did not attend trial and has a good reason for failing to...