section 21 ..N5b accelerated process...judge wants hearing.

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B
Bonnie
16 Posts
2 Thanks
Dear compadres,



Please help.



1. Served section 21 4a expired 30 September 2012.



2. N5b submitted 25 June 2013, paperwork filled in by the RLA and checked.( ps great service )



3. Defence received from tenant via the court as I posted my request for possession order ( as I hadn't received a defence yet in the specified time )



4. Today received a COURT HEARING for 22 August...



5. Rang the court , they gave no reason except that the judge has asked for it.



6.Four adults of decent intelligence have all gone through the paperwork with a fine tooth comb and cant find fault at my end at all.



7. The tenant has no valid defence i.e paperwork incorrect, and has countered us with fabricated tap leaks etc...



Questions so far >..



1.



How can I establish if the judge is treating this as a section 8, I accused the court of this and they said the judge can request a hearing if they want to. The reason for taking the route of ACCELERATED possession was to avoid any counterclaims and get property back quicker WITHOUT HEARING and I paid good money to have it all checked before I went ahead. If the judge can treat it this way I may as well change it to an Section 8 and chase the 3k they owe me in rent arrears...





2.

is the judge allowed do the above ?



3.

Can I ask that the hearing don't take place because the defence is blatantly invalid ( my six year old son would be able to see this )defence doesn't relate to the section 21 or ast or deposit at all.





Either I am really stupid and cant see whats gone wrong, or I am right and I can demand that this be treated as an ACCELERATED process and accuse the judge as being incompetent?



If I instruct a solicitor to help me, can they ask the court to justify a hearing with no valid defence ?



many many thanx for any advice any one can give me.







from stressed out hard done by tax payer.

Bonnie



ps they haven't paid rent since April 2013
02/08/2013 17:54

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