Tenant lied about receiving S8 Notice hearing adjourned?

Reply to the comment left by I just want to sell up! at 18/02/2023 - 16:31
It seems like yours took some advice.

Sadly these things happen, at times we either make mistakes of our own, or fall victim to those of others.

I imagine you'll be revising your tenancy agreements going forward!

Reply to the comment left by Kate Mellor at 18/02/2023 - 16:57
Thankfully this is the only one I have like this.

Reply to the comment left by I just want to sell up! at 18/02/2023 - 16:31
I have a vague recollection from one of my cases some 20 years ago that you cannot serve notices in court. I employed a professional server who stood outside the court and made sevice before the miscreant entered the court. I hope the lawyers amongst us will confirm or deny my suspicians.

Reply to the comment left by TheMaluka at 19/02/2023 - 07:36
Yes, my solicitor advised that the Court would not view this as good service. Does any one know if this would apply to the waiting room or elsewhere in the Court building? The plan was to serve the notice before or after we went in to the Court room itself.

I have dealt with more possession claims than I care to remember and I have never heard this argument being used. The reason for this is likely (a) the tenancy itself normally has provisions dealing with deemed service eg if the letter is sent first class to the property then it is deemed served 2 days later; and (b) in order for the tenancy to be an AST the property needs to be the tenants main residence and therefore the case the duty solicitor has quoted is irrelevant as the property must be the tenants last known address.

I think the first 2 questions you need to address are 1. does your tenancy have provisions regarding deemed service of notices; and 2. did you know that the tenants had moved to a different address and were you aware of that address?

My friend's bailiff servers the letter for eviction and even the tenant lied for that in the court he did not get it.
Before that s8 and s21 were served and we had photographs and video recoding too as evidence still tenant lied in the court too.

I would suggest to go to the Landlord Action are best when it comes with eviction of bad tenants.

Time has now come to report the behaviour of certain judjes across the UK County courts . One could take down the names and address the greivevances through the proper channel !

Judjes are only humans and are not above the law ; unlawful and erratic behaviour of judges resulting in delayed justice need to be reported! Public shouldn't be scared of judjes even though some may try to intimidate !

Indeed Judges are not above the law itself, so any dodgy biased judge should be reported to the law society, fortunately I came across a very nice judge she was very compassionate with me when i represented myself and showed passion and justice and as i had also made a technical error in my Particulars of Claim i.e. I did not mention the Ground Number on which I was seeking the tenants eviction rather I gave its description, i.e. I was seeking tenants eviction based on Ground 8, which says the tenants has fallen behind rent for over two months, but I should have put the words "Ground 8" so the judge had two options one was to throw the case out and second was to give me 14 days to submit amended particulars of claim, and so I took the amended option and a new Jude heard my case and she was absolute bitch of a judge, even though the tenants did not turn up for his defence, she wanted to throw my case out, and was looking at every angle including how did I serve the tenants my notice, when I said by hand in presence 0of a witness, who was none other than a police officer, and fortunately I took him with me when i went to serve the rogue tenant my Section 8 Notice. The judge asked for hos witness statement which the police officer had signed and given it to me.

Thank you to everyone who comments and offered advice. I'm please to let you know that I got the possession order for 6 weeks time. I negotiated a 50% reduction in rent arrears for vacant possession and was awarded costs.

The reality is I will not see a penny of the what's owed but I have the order for possession.

Thank again.

Well done, and thank you for telling us what happened. On most of the self-help forums I engage in it's quite unusual for an original poster to give us the end of the story as well as the beginning. Usually we are left hanging in mid air wondering what the outcome was and whether the advice given was any use or not.