What to bring for Possession Hearing - Section 8

Landlord Discussion
1

Dear all,

I’ll have a court hearing next week. Section 8 Notice served and the tenants both confirm they received it. Due to the rent arrears is more than 6 months, the notice period was 4 weeks.

The tenants both agree on the total amount of rent they owe. However, they disagree how much each of them owes (as one of them left the property in the middle of a joint-tenancy contract). One of them proposed a repayment plan but we could not reach an agreement as the amount cannot be agreed.

I’ve provided:

  • Tenancy Agreement
  • Payment schedule
  • Section 8 Notice
  • Communications between me and the tenants (showed that I’ve sent demand to them every month and give them notice before I served Section 8, and tried to work out a plan with them)
  • A letter to Judge summarising COVID-19 effect on the tenant and me.

Anything else that I should provide to the court to support the claim?

Anyone knows how the dispute between the tenants can be solved (how much they each owe to me?) by the Court?

Thank you sooooo much!

2

Each tenant is liable for the whole debt, so you could insist ghe one who is paying pays it all, although that might be tricky to enforce. The key issue is that if you are suing for the arrears you should probably name both tenants as defendants.

3

Yes I did David thankfully.

Would the court decide the amount or still up to the Landlord to decide how to divide the debt.

The tenants will not argue the debt amount, but the split between them, just wonder the Court will get involved with this or not. #

Thx lots.

4

The court should levy the debt against both and you can enforce it against either or both in whatever proportion you think they’ll pay.

5

Okay, so whatever I decide, they cannot argue against, is it right?

Thank lots David! Very helpful.