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Example Advocacy Possession Notes

BPTC Law Notes > Property and Chancery Notes

This is an extract of our Example Advocacy Possession document, which we sell as part of our Property and Chancery Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Property and Chancery Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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 COSTSUsually 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 8th October 2013, the rent is PS550 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 1st March 2016. 1

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