Standard Procedure

This procedure involves submitting a claim form, particulars of claim and a witness statement to court. The court will arrange for the papers to be sent to the tenant and they can defend the claim and/or bring a counter claim. The court will also arrange for there to be a hearing. At the hearing, the judge will decide the case or they may adjourn it if the tenant has defended the claim or brought a counter claim.

This procedure would commonly be used where the landlord has served a Notice of Seeking Possession or where the accelerated procedure cannot be used because the landlord wishes to claim rent arrears or is not able to produce a tenancy agreement.

For straight forward cases such as rent arrears are usually dealt with under the standard procedure. The landlord can usually expect for the judge to make a court order for possession which gives the tenant between 0 and 28 days to leave.

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