Tenant claiming 'exceptional hardship'

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I am in the process of claimimg possession of one of my properties through a S21 notice.

The S21 has expired and I have applied to the courts for accelerated possession.

My tenant is claimimg exceptional hardship as part of his defence and is claimimg the maximum 42 days allowed.

I have read his defence statement and basically it relies on the fact that he is waiting for a conviction history report from the police before any housing associations will consider his application for housing.

I know his parents can accomodate him if they wanted to, and i also know that my local council will find him bed and breakfast accomodation as a temporary measure.

Can I state this information to the court as part of my claim?

The court papers I have received state that if the defendant does not file a defence I can apply for a possession order. Can I still apply for a possession order if he has filed a defence?

I have read the RLA guide notes and they say that I can request a possession order to take effect in 14 or 28 days?

Can you please clarify my position.


John Oxley

30/04/2009 00:00

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