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Judge held over judgement

LANDLORD FORUMCategory: EvictionJudge held over judgement
Jeff Haigh asked 1 month ago

Commercial property let 7 months behind in rent had a court date for telephone hearing, both tenant and solicitor for tenant did not attend asked Judge to make a judgement but Judge decided to hold over for 21 days to find out why neither attended and said he would set a new hearing date at the earliest available date after 21 days. Cant win either way.

Jeff Haigh replied 3 weeks ago

Judge has set a new hearing date which may not go ahead due to 2nd lockdown, what is unsure now is the possibility of an extension of the sect 82 Act moretorium will landlords ever get their property back before going bankrupt ?

1 Answers
Marc Attwater Staff answered 4 weeks ago

Just in case something serious happended to the tenant or tenants lawyer, thejudge has given directions accordingly. What you dont want is a judement, only for the tenant to make an application notice have it set aside.

Jeff Haigh replied 2 weeks ago

The Judges decision was only based on possible covid reasons without considering why both parties or alternative parties could not respond, the tenant was not a covid reason, not sure about the lawyer.
This was the 3rd time a hearing had been set so now we await the 4th hearing and it has taken nearly 2 years to get there after the section 25 was superseded by the covid act coming into play. It is now 8 months without rent from a company that are working and the credit reports show they have the funds to pay, just jumped onto the band wagon as they are in the construction industry and not retail, entertainment, resturant or pubs sector to which i believe the act was set up to help and protect.

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