Section 8 adjourned (I didn't attend) + possible errors?
My case using PCOL was seen last Monday 8th in county court and only just been updated today. It was adjourned :( . I have just joined RLA for advice for the rest of the process.
(FTR it was booked 7 weeks after hitting the complete/payment button online)
The two letters now sitting on my online account under claim history labelled N24 are addressed one to myself and one to the tenant. There is no mention of why it is adjourned but the wording suggests because neither of us attended ? (I was under the impression I didn't need to attend)
Upon xxxx not attending and upon xxxx not attending
IT IS ORDERED THAT
- The claim be adjourned generally with permission to restore by 9 July 2018. If not restored by that date the claim be struck out.
After reading this forum tonight I've also realised I made a mistake in the case description of saying the tenant didn't pick-up the Section 8 noticed I served him as he was carded and it later came back to me. However I got his attention by attaching it to an email where by he messaged me begging to let him pay large amounts of the £3200 owed weekly. After 3 weeks of lies I then submitted the PCOL.
The tenancy agreement was originally 2 year Assured Shorthold, rent due monthly, starting March 2015 I did not bother taking a deposit as he was a brother of a family friend with a good recommendation.
Due to this bad judgement I was unable to serve a Section 21 according to .gov.uk
I'm now stuck. It seems to me I need to start again with a fresh Section 8 on grounds 8b, use RLA to make sure everything is correct and then attend court?
Advice on another forum suggests I should also serve a Section 21. I've noted the new Section 21 now requires a gas safety which ran out during his first year, bad oversight on my part.
Presumably I now need to get a Gas engineer to go in and try and give them a gas safety certificate and then serve a Section 21 but is this now valid with the original contract being pre-October 2015? but now on a Periodic from March 2017.
I'm thinking of emailing him and making an offer for him to pay half what is due, now £4100 with another month due again tomorrow and leave within 3 weeks (with on offer of using garage as storage)
Would writing to him damage the case or should I offer in person?
He will probably get a boost when he gets the letter saying the case is adjourned.
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