Quick Question About Serving Papers

[cassa333]

First possession court hearing on 11th Aug

I will be sending papers to court to back up my case.

Tenants have said they are moving this weekend and that they will attend an exit inspection on 5th Aug. They are keeping the property for a week to make repairs etc!!!!

Do I have to give the, the papers I will be sending to court before they move?

What happens if I don't and just send them (recorded delivery) through the post to the address either before 5th or before the later due date?

Ordinarily I would send them to get there two days before the case but giving them to them so early gives them an opportunity to make up evidence.

[Peter Pedant]

Hi Cassa my sweet ! - you are really nearly there ! YAY!

Incredible you are still speaking to them - well done.
OK keep quiet and wait until 5th Aug 17. It is very likely that hey will think that the walk through will end their liability. Dont say nowt about that - that they still have a day in COURT !

what are you walking thro for by the way ? - is there a deposit ?
If there is, you MUST be registered - I dont think we have covered that - and if they havent fixed X Y Z what are you going to do about it ?

anyway work like a devil to get your papers in order for the court - and THEN at the very end - literally - give them their pack. Personal service, ha! They really cant deny it - not posting thro the door but landing it in their hot little sweaty hands

What I also do when tenants vacate is do a letter to the council about council tax and get them to sign it.- and you ask - do you have a forwarding address ?
and do that for the utlities - gas elec and water - photograph the meters ( easy with digital camera )

Dear Sir date 5 Aug 2017
Miss X gave me vacant possession on 5th aug 2017. SHe is responsible for consumption before that date and I am after wards. We agree the meter reading is.....on this date Her forwarding address for the final bill is:
Yours Cassa xx and the tenants. signature

after you have got the four signatures then
you say: and here are the papers for 11 Aug 17.

Great you are almost almost there !

O remember to ask - are all these the keys
and possibly - do you think I should change the locks


Their rent for Aug is 5/31 of the monthly rent
( actually 4/31 but *** )

Great ! I almost feel as tho I am there - at your shoulder - saying sign there and there ....

[cassa333]

Thank you PP.

I just had a thought. (One amongst many lol)

Can I just give them the bundle of papers ( all neatly correlated) without an explanation of why they were there but the set for the court explain why each piece of evidence is there?

What I want them to do is have to work out which bit I will be using and why. Because why should I make it easy for them??

I worry that not knowing where they are going means I have to give them the papers so early they will have time to make stuff up. Which they have been known to do :-(

[cassa333]

Actually rent is due from 22nd of the month so about two weeks owed if they do a hand over on 5th.

[Peter Pedant]

all my rent dates are 14th
but the judges always do a days occupied calculation
(unless your lease says otherwise)
a day by the way is who is there on the night so leaving 5th means four days

No you just hand them the papers with a list of what
1) lease of 12th June 2012 etc......
2) witness statement of Miss X

you have to do it within the set number of days before the case
( whatever that is - it is on the site or a court direction or a letter)

they cant make up evidence because they have to serve the documents on you and they will be out of time

er that s it

( and you DO want them to make up evidence - my tenant had three defences - [I paid, it was in the wardrobe, and I didnt pay] - - and the judge said - " he came round shouting and blaaarting as you say for the rent - and it was in the wardrobe and you didnt give it to him?" - tenant - yeah - )

[cassa333]

There's not a lot they can say about not paying the rent.

However they will try to wiggle out of it.

First month they said it would be a few days late. OK said I but make sure it is paid by xx. Xx came and went and she claimed she paid cash in a drop box at the bank. Various discussions and a demand for proof ensued. The long and short of it the bank sent a letter saying we checked the drop box envelopes - not there, we checked the machine - not stuck in the workings, we checked the till receipt for that day - not there, we checked the CCTV - nothing on there.... so what's the betting they didn't pay it? Mind you even after all this she was still claiming, to housing options at the council that she gave me proof it had been paid!!!

Next one she claimed she paid by SO and it left her account and had the cheek to demand proof it hadn't gone into my account. Within three hours she had proof. Not heard about that one. Since then she obviously hasn't bothered to pay rent but I have sent reminders anyway lol

[cassa333]

Her bond is a local council damage bond so she probably doesn't care to be honest but she has said she will allow me access for the exit inspection on 5th.

Should I give her the papers (as I had planned) tomorrow or wait until the 5th Aug knowing she may not turn up?

Court date is 11Aug and as long as they get the papers a minimum of 2 full days before hand that seems to be OK.obviously not knowing where they are going from 5th could be a problem.

[Peter Pedant]

papers tomorrow
I hadnt realised you had them on the mantlepiece
just go round and give them

[they of course have to deliver their papers but dont tell them that]

[Peter Pedant]

I took my bank statements in
but did not give copies ( on grounds that I didnt wish to waive financial confidentiality )
and I cant remember if they were scrutinised

[cassa333]

I have redact the bank statements. The only thing that can be gleaned from them is when she paid with how much and nothing when she didn't. All other figures are blanked out including most of the acc no:.

Do they have to give me their 'defence' (haha) before the case or can they take it along n the day?

[Peter Pedant]

yes they should
point it out to the judge on the day

he can dismiss the case but they never do
if you say you havent seen it and cant cope he may delay the case and relist....it is just how things go.

yeah I redacted my statements too

[cassa333]

Papers served on tenants Yay...

Video footage of them not coming to the door but their young sone moved the curtain and picked it up.

We now know the street they are moving to and have seen their car outside either it or near it.

[cassa333]

Have been sent a picture of the back garden by the neighbour.

It looks like a bomb sight. They have smashed up the shed they had to take with them as well as the giant trampoline and other rubbish. I bet they haven't cleared the dog photo either.

Neighrbournalso said they're was a lot,of very loud banging inside the house so I dread to think what damage they have done.