Landlords Evidence at Court +

One must be prepared for the hearing and have no less than 3 copies of evidence that should be organised with an indexed cover sheet - Page 1, AST Page 2 - Copy of Notice. NEVER provide a Judge or Tenant original copies of your evidence - If they request always ask for it back.

We are not asking you to volunteer the copies simply have at hand should the Judge, the Tenant or their representative request information. We do not want you to volunteer documentation that may not include a Deposit Protection certificate etc, for this could open the door to a counter claim of failing to protect the deposit.

Evidence required as appropriate for the possession being sought

 

  • Copy of first AST and any subsequent tenancy agreements issued.
  • Copy of Letters for rent arrears, nuisance, damage etc.
  • Copy of rent statement dated no less than 7 days before the hearing date. see sample rent statement within seven days - it must be in this layout
  • Copy of Deposit Protection Certificate.
  • Copy of Prescribed information pertaining to the deposits.
  • In cases of damage – a Copy of the Inventory and any subsequent inspections that may highlight damage.
  • Copy of any letter pertaining to breaches.
  • Whatever evidence is pertinent to substantiate your case without being frivolous.
  • Should the Tenant be a total liar then have all documentation, EPC, GAS Certificate so you can refute where applicable.

There should also be a chronologic list of events - bullet points.

  • Tenants Moved in on the 15th May 2008 and signed an AST.
  • Missed rent in June 2010, July 2010, August 2010, September 2010.
  • Spoke with tenant on Y who promised to pay, issued a cheque on date Y that bounced, evidence B4.
  • Spoke with tenant on XY who promised to pay, not forthcoming. Issued letter B5.
  • On the X of Y, I issued a Section 8 Notice.
  • The rent is £700 a month their arrears as of today are X.
  • More often than not, you will only have 20 minutes to conclude the hearing so the faster evidence may be retrieved the better.
  • It is advisable to have your paperwork in a neat orderly manner.

RENT ARREARS - Provided the Judge is satisfied you have proven your claim and the tenant has broken repeated promised and failed to perform, then they are more likely to award possession. Whilst Section 8 of a ground 8 is technically mandatory, the Judge has the power to grant a suspended possession award.

The Landlord or their Agent will take a sworn oath before giving their evidence.

You are likely to be asked questions why you want to end the tenancy.

If for rent arrears, simply state the fact the Tenant currently owes me X and has repeatedly failed to pay on time and the amounts payable.

If using the Section 21 process, whilst under no obligation to give a reason, a polite non-subjective statement is best. The Section 21 Notice is mandatory and in theory, you do not have to give an answer, but some judges will ask. Especially where evicting a tenant with children.

The Tenant or judge has the right to ask you any questions. It is at the stage your organised paperwork may assist you.