#14785 - Example Advocacy Possession - BPC Property and Chancery

OPEN THE CASE

REFER TO STATEMENTS OF CASE

CALL WITNESS – LANDLORD OR MANAGING AGENT

PROVE LANDLORD’S TITLE

PROVE TENANCY AGREEMENT

PROVE RENT ARREARS (OR OTHER GROUND FOR POSSESSION)

PROVE SERVICE OF NOTICE

ASK FOR POSSESSION, RENT AND INTEREST TO DATE

ASK FOR COSTS

• Usually District Judge – Sir/Madam

• Documents are non-contentious, witness may be lead to existence.

INTRODUCE PARTIES AND REPRESENTATIVES

May it please the Court, I appear for XXX, the Claimant in today’s proceedings. The Defendant today is unrepresented.

INTRODUCE THE CASE, STATING IT IS ACTION FOR POSSESSION, AND UNDER WHICH ACT AND GROUND(S)

This is an action for possession, pursuant to section 8 of the Housing Act 1988 for XXX currently in the possession of the Defendant. The ground for the application is rent in arrears under Ground 8, 10 and 11.

REFER TO CLAIM FORM

Sir/Madam, If I may refer you to the Claim Form

The Claim Form is contained in XXX

REFER TO POC: DATE AND RELEVANT DETAILS OF TENANCY AGREEMENT, PARTICULARS OF GROUNDS FOR POSSESSION, AND SERVICE OF RELEVANT NOTICE

Sir/Madam, If I may refer you to the POC:

As stated in paragraph 2, the premises are let to the Defendant under an assured shorthold tenancy which began on 8^th October 2013, the rent is 550 and is payable monthly.

The ground for possession is as stated in paragraph 3 your Honour, the Defendant has failed and continues to fail to pay rent since the month of January 2014, the rent of which is due on the 7^th of each calendar month.

As stated in paragraph 4, the Claimant’s agents sent rent demands to the Defendant in January 2014 and February 2015. Moreover, they sent a section 8 notice and final demand on 1^st March 2016.

CALL YOUR WITNESS: USUALLY LANDLORD OR MANAGING AGENT OF THE PROPERTY

XXX – Claimant (not in Country)

XXX – Affidavit of service and schedule of rent in arrears

ASK THEM WHO THEY ARE

ASK THEM TO PROVE THAT LANDLORD OWNS THE PROPERTY

PROVE THE TENANCY: ASK TO PRODUCE LEASE AND STATE AMOUNT OF CURRENT RENT. HAND UP TO JUDGE. DRAW ATTENTION TO RELEVANT CLAUSES

Sir/Madam, if I may refer you to the tenancy agreement contained in

The tenancy agreement is therefore produced. As stated, it is an assured shorthold tenancy agreement made on 8^th October 2013 for the letting of a furnished dwelling-house.

The monthly rent is 550 monthly in advance.

Sir/Madam, may I refer you to

1. Paragraph XX – about costs

2. Paragraph XX – about landlord re-entering property due to non-payment

PROVE RENT ARREARS. ASK WITNESS TO EXPLAIN THE CURRENT STATE OF THE RENT ACCOUNT. WITNESS SHOULD PRODUCE COMPREHENSIVE SCHEDULE, SHOWING UP TO DATE ARREARS, WITH DAILY RATE OF ARREARS AND INTEREST (PD 55.8)

Sir/Madam, If I may refer you to the tenant rent request/statement which provides the list of rent in arrears from January 2014 to June 2015. The total amount in arrears is XX as of 18^th June 2015.

The statement provided is not up to date. I undertake to forward an up to date statement.

PROVE SERVICE OF RELEVANT NOTIE UNDER S8 HA 1988.

CLOSE CASE BY SUMMARISING ORDER YOU ARE ASKING FOR. COULD...