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AndrewHouse

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  1. I'm in the South East. From everything I have read and the opinions given today, this seems to be a no-brainer. I certainly hope the Judge sees it that way. Can I please get some clarification though vis-a-vis Section 10. One Solicitor I spoke with today told me categorically NOT to tick 'witness statement' and to select 'statement of case', then attach my rebuttal and supporting documents as per your earlier advice Lea. I really don't want to make a mistake and lose this appeal on a technicality.
  2. I'm confused Ell-enn, Half the guides I read suggest ticking either 'the statement of case' or 'the evidence set out in the box below'. Surely it's best to tick 'statement of case' - which is my defence - then write 'see documents attached' in the box below? I don't have an awful lot to write as the documents I will be attaching are, in effect, my case. Space Cadet UK: The letting agent have told me they will not discuss my tenancy and that I should speak direct with the landlord - an offshore company with a mailbox address! The phone number I have been given is never answered. Judging by the fact I have had no contact with them in any form since signing the tenancy, they must have received my payments!
  3. I have finally managed to speak to the court, and the landlord is claiming not to have received ANY rent since the day I moved in! The order has therefore been made for immediate possession and rent arrears. Moreover, a warrant for possession was issued already. The court clerk said that was very unusual and most likely due to the fact that I had not been present at the hearing. He also told me to complete and submit an N244 first thing tomorrow morning. I really can't believe this is happening. Can anyone please give me some guidance as to how best to complete the N244 form? Section 10 seems confusing: am I relying on the statement of case, or the evidence set out in the box below (my evidence is several pages of statements, etc).
  4. Yes, both the letting agent and the landlord are aware that my wife and child are living in the property as it was rented for that specific purpose. You do raise one interesting point however: my wife is not named on the tenancy agreement. I did not request that she be named and the landlord did not ask that she be named on the tenancy agreement. I collect all my post bi-weekly when I am in the UK and have done for many months. There has been no correspondence from the letting agent, the landlord or indeed from anyone else. Moreover, both the landlord and the letting agent have my contact numbers and email address. No communication in any form has been made since the signing of the tenancy. That said, I'm unsure how this changes the fact that I am the named tenant, that I have paid all rental monies due under the tenancy agreement and that the Order for Possession names me as the defendant?
  5. Very interesting, thank you. I propose to state the following in my N244 application: 1. I did not receive a notice from my landlord or from the landlord's representative regarding the tenancy agreement. is not - and has never been - my primary place of residence. My primary place of residence is . My wife and three-year-old daughter currently reside at . 2. I received no correspondence from the court or from my landlord or the landlord's representative in relation to the court hearing and was only aware of it when receiving the judgment on Saturday 12th May. 3. All monies due under the terms of the tenancy have been paid to the letting agent by standing order (Bank, account #) as per the terms of the tenancy (page #). 4. My tenancy is for a fixed period of two years and therefore remains inside the six month statutory protected period. Did I miss anything important?
  6. Having read further, something else is of great concern: As the order was granted 'FORTHWITH', I'm assuming that the landlord could have instructed bailiffs immediately? How do I know if this is the case or not? Also, does the hearing to set aside the PO have any bearing on this? Moreover, I have also read about the Court of Appeal ruling in the case of Forcelux Limited v Binnie [2009] EWCA Civ 854. I assume that is the reference for your points 1, 2 and 3 above?
  7. Thank you. The form seems straightforward enough so I will submit it in person to the court. As far as points 1., 2. and 3. 1. The Order was made on 07 May according to the letter, but I only actually received the letter today. Either way, I assume that will count as having 'acted promptly'? 2. I don't know if not knowing there was a trial counts as a 'good reason' for not having attended? 3. The only point of certainty is that I know my defence has a 100% prospect of success. Having submitted the form to the court, is there a usual waiting time for a response? Also, will a new trial date be given at which I can then attend and present my proof/evidence?
  8. The tenancy contains no break clause - only a provision for a modest (fixed) increase in the second year. The judgment refers to my landlord - the company - as the 'Claimant' and to me as the 'Defendant'. From what I have read this evening, I need to make a formal appeal to the court on a Form 'N244'. Is that all I need to do at this point?
  9. I have just double checked my tenancy and it states 'The Landlord lets to the Tenant the Property for a period of Two Years'. Can you please elaborate on the '6 month statutory protected period'?
  10. Yes, my bank statements confirm the Standing Order being paid on the 20th of every month since the tenancy commenced. The letting agent is probably the largest and best known in London. But how on earth can I prove that the agent has failed to pass on my rental payments to the offshore company? Or do I simply need to prove that I have indeed paid each month, and then it will be for the agent and the landlord to resolve the issue of why my payments were not forwarded?
  11. Most odd indeed. My landlord is an offshore company and I have received no correspondence nor communication from them - full stop - since the day I signed the tenancy. All rental payments have been made to the letting agent by Standing Order - as was specified at the time of the tenancy. First thing on Monday I will telephone the court to confirm that this document is indeed genuine. If it is, then there has clearly been an error of some sort. Also, other than single piece of paper - the 'Order of Possession - there were no other documents in the envelope. Is that normal?
  12. There is a 'Claim No.' at the top, 'Claimant' is indeed listed as my landlord and I am listed as the 'Defendant'. But if it is genuine, how can this order have been issued without any previous correspondence? I am not in arrears with my rent and have a 2-year contract (this is only month 4).
  13. Thanks for the reply. No, I don't have a mortgage. My flat is rented.
  14. Hi, I have just returned home to discover a letter from 'Central London county Court' which states that an 'order has been made on discretionary grounds and the court orders that: The defendant give the claimant possession of FORTHWITH.' It looks genuine and has what appears to be a stamp 'County Court'. Should I just bin it, or is this a real legal document?
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