Hardship

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M
Mr. Landlord
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Does anyone know from their own experience what the consequences are if on a Claim Form for Possession of Property Accelerated Procedure) ASsured Shorthold Tenanct (N5B) the landlord ( that's us) circles NO in clause 8 (which says 'if the Defendant seeks postponement of possession on the grounds of exceptional hardship, is the claimant content that the request be considered without a hearing?")? We know our tenant will plead this as he has already told us yet he has absolutely no truthful basis for claiming this. We don't want him to plead this without the opportunity for us to contest hence we don't want to answer YES and let him possibly succeed with this bogus claim and get more time ( which I understand can be up to 42 days. On the other hand we have received some advise saying we should say YES because a hearing requires more time and so on. We don't know practically speaking how long a hearing takes to be set down and then ordered on, once heard, versus facing the possibility of an automatic extension of up to 42 days if we say YES. We feel very strongly that this tenant is very manipulative and dishonest hence our choice would be to say NO, but without knowing more about how this all works in real terms we are uncertain and worried what to do. Many thanks in advance for your thoughts and advice.

31/08/2016 00:49

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