Tenant Eviction Case Studies

Study 4 - Landlord ordered to amend his claim and provide evidence

A landlord needed to recover property from a long standing tenant that was in receipt of housing benefit. The landlord prepared a claim under the accelerated possession procedure route that requested a tenant eviction order. However, he received an order from the court to amend his claim, provide correct evidence regarding service of the notice, and attend a hearing. On reviewing the claim Bartletts advised the landlord to discontinue proceedings to avoid legal costs being paid to the other side. A correct notice and claim were then prepared ensuring that the landlord obtained the tenant eviction order necessary to re house his tenant.

Study 5 - Landlord receives defence to stop his tenant eviction and debt claim

Following a section 8 notice a landlord filed a claim for repossession and debt orders. The tenant's legal representatives then filed a defence arguing that the claim had been brought against the wrong person. The defendant claimed that he had left the property a year ago and that a new verbal assured shorthold tenancy had been entered into with his wife. The landlord maintaining that this was not the case. There was evidence to support both parties' points of view. It was very important that the defence was disproved as the landlord could not afford the costs associated with discontinuing his current claim and issuing a new claim. Bartletts successfully argued that a surrender of the tenancy had not taken place.

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