Thread by @MouseInTheCourt

Good afternoon, I’m at Stratford Magistrates’ court to see an hour of possession hearings

Ignore the ‘NO ENTRY’ signs… this court is open to the public…

These hearings are not on the Stratford Mags list on CourtServe. They are hidden under the ‘Shoreditch and Clerkenwell’ heading on the County Court page

I have had the most through search I’ve ever had at any court.
Complete emptying of bag, and despite not beeping the metal detector, I’ve received a full pat down. Shoes had to come off too and were examined

Deputy District Judge Clarke is hearing six possession hearings in Court 11, all listed to start at 2pm

The court room is locked. The Housing reception desk is empty.

A sign on the court door says "Please do not enter the court room unless escorted by the Court Usher"

Some parties have just left, seems a hearing was going on which I was unable to 'drop' in on.
see 31 - bailii.org/ew/cases/EWCA/…

And I'm in. I have permission from the Judge to use my laptop to make notes

Case one - A son manages the property on behalf of his father. Property has rent of 1,650 PCM. Last payment in May 2022. Arrears at date of notice £6,600.
Tenant not here, but "believed they are still in occupation"
Order for possession by 31st granted

An "unusual aspect" of this case is that the claimant is seeking judgment against the guarantor as well of the tenants.
Should add claimant represented, def not present

Re @juroberts_julia tweet. This is a verbatim copy of a notice outside the court room

https://twitter.com/juroberts_julia/status/1636732867349815297?s=20

“May I take 30 seconds to double check we don’t have a certificate of service, but I fear you may be correct”

Judge identifies that the guarantor hasn't actually been served. Oops.

Order for money judgment adjourned but possession granted

Judge: "You’re going to want to come back and get your money judgment aren’t you?"
Next in court first available date after 28 days.
Case 1 ends 14.26

The next case begins (14.28).
"Defendant has failed to surrender possession upon receipt of a notice to quit" - although the def is the London Borough of Hackney

Judge: "The claimant has given a ‘care of’ address [on the claim form], It can’t be a care of address can it?"

Counsel – “Yes it has, but that is their actual address”

"Are you looking at CPR 16 Judge?"
"I am at the moment, yes."
We're told the business is carried on with there.
"On that basis I'm content to carry on with it" says Judge as dealt with by permission to amend

Current residents are a "family under emergency accommodation, placed there by the London Borough of Hackney"

A rep of the claimant Sun Estates Property Management Limited speaks:
"Hackney are trying to find alternative accommodation but because of the housing crisis... we think they are trying to kick the can down the road, so to speak, to find more time to house their tenants"

Seems to be a mistake in the lease ... clause 5.3 "says no more than 28 days notice".
Notice was given more than 28 days.
Notice was also given to different address than in the lease.

Opinion - Deputy District Judge Clarke is being laser sharp in his thoroughness

Counsel for claimant agrees that the break clause is "nonsensical".
Judge: "Whether Hackney are here or not it’s for the claimant to show they’re entitled to possession"

J: "Is it your submission that the license has ended but the terms are no longer relevant?"
Counsel: If expired then “the existing terms are perpetuated”
J: "What are you asking me to do, we do need to get on"

Matter 2 ends at 14.49
Request by claimant to adjourn so they can “serve the correct address in the lease and to clarify the clause” granted

3rd matter started at 15.53.
We have the managing agent of the property present and no defendant. All three cases have been rep by the same lawyer
We're told this is an assured short hold tenancy but the lease has been misplaced

Judge doesn't have the bundle. Counsel offers to e-mail to him.
Judge replies that to deal with a 70-page bundle in a 10 minute possession list “is really pushing it”

Counsel tells court he is instructed by Landlord Action Limited who served bundle on the def and court on 8th March

Judge asks "Are they permitted to carry on litigation?"
Reply: "Yes, they’re regulated by the SRA... rather more beefed up than an 'evictions r us' internet firm"

Counsel begins "Tenancy believed to start in 2018..."

Judge: "I’m going to put this off...The court has to be satisfied the s21 notice is in order… In order to do it properly I simple don’t have time to do it in a 10 minute list"

3rd hearings ends 15.03

4th hearing has began 15.06.
The tenant, who is present in court but represented, was placed in this property by the council
This is another emergency accommodation case

We're told there is no debt in this matter so the breathing space rules don't apply.

Managing agent happy to give tenant excellent reference to allow him to move

Tenant speaks: "I thought I came here because of the rent arrears... they need the property back to refurbish ... I tried to reach an agreement with the council. I have a disabled child... If I were evicted this would be a disaster for me and my family"

Exact details are unclear (to me). Seems there's a lease between freeholder and managing agent, who advertise the property on the London Borough of Newham social housing website.

So no agreement between the tenant and the freeholder it seems. Hence no debt between them

Defendant asking to adjourn to allow for London Borough of Newham to either bring proceedings themselves or for LBoN to terminate tenancy

Judge says there's "over 100 pages of this agreement. Not entirely clear to me what’s happening with the housing law, what rights if any exist, or who your agreement is with in terms of the tenants occupation [of the property]"

Judge: "It is not at all clear to me the legal basis which [the tenant] occupies the property"
Adjourned for exchange of witness statements etc. Costs in the case.
4th hearings ends 15.27

5th hearing begins 15.30
Two companies - we're told they have an agreement for "Forfeit and possession order, no order to costs."
Judge identifies that there are 3 defendants... and only one present

"If we don’t have an agreement of all the defendants then we don’t have an agreement of one of the defendants"

Judge also notes that rep of defendant company is not a director... just a housing officer

Another company who has leased property to a company who have leased it to the local council, who have placed emergency tenants in there

Order has been approved and 5th hearings ends at 15.38.

6th hearing begins at 15.39
(these 6 should have been completed by 15.00 according to the list)

Claim for possession as two men appear for the claimant.
The Judge notices that the claimant is listed as a 'Mrs'

"She is the claimant, we need to hear from her...you need to make sure she comes next time, or instructs legal representation"

Ends 15.41

Next hearing. We're told it has been reserved for DJ Redpath-Stevens (sorry if misspelt name) but claimant "content" for this judge to deal with the matter

Prev hearings in Dec and Jan, adjourned because def, via legal aid sol, had raised issues of capacity and had booked an appointment with a psychiatrist

"We've heard nothing since" says lawyer for claimant. Def is absent

Lease, we're told, is for both a commercial and domestic property.

10 min hearing today to allow def to introduce evidence re capacity but he hasn’t done so. Court asked to deal with matter summarily

J says there might be a concern defendant is a protected party and needs a litigation friend.
Counsel for claimant says there is a presumption of capacity and court should proceed on that basis

J: "The last order says that it’s reserved for DJ Redpath Stevens so I’m going to try and contact him...I know it’s not your fault but he specifically ordered that"
We all step out at 15.53 as Judge attempts contact

16.01 We're back in but we've jumped a case.
Claimant is Nationwide Building Society. Def is self rep.

This is an application to suspend warrant, planned for Monday 20th at 9am

Possession granted June 2022. Def says she was "out of the country and didn't receive the letter"

Arrears of £17,294.30
Last mortgage payment was in December

Turns out she has had tenants in and this is not a BTL mortgage.

Nationwide do not consent to this being a BTL mortgage

"I didn't realise" she says

Can the arrears be cleared over the remaining time of the mortgage - 17 years - asks the judge.

£80/month extra is the stat minimum we're told

Judge says she'd have to pay "£1,320 as an absolute minimum before we consider suspending the warrant"

She says that's "sufficient as I've proposed 100/month"

Judge agrees to suspend warrant on basis of £100 extra. Nationwide say it's an unauthorised BTL mortgage.
J replies there's "no clear evidence on the file before me that that is the case".

J agrees a review date in 3 months time to ensure compliance

J tells def “It’s very important you make the payment” on 1st April otherwise she will end up back in court.

Bailiffs will be cancelled on Monday, the claimant reassures her.

This ends 16.16. The 'Reserved to another DJ' case is back in

DJ is happy for this court to take the matter.
J refers to the Mental Capacity act and says there is a presumption of capacity.
Says only evidence is that there has been an appointment. No further evidence.
"Wholly wrong to consider that he is a protected party"

Judges asks to be taken through the key points of the contract.

Arrears stand at £55k we're told

Annual rent is £20k so “this is nearly three years arrears” says counsel for claimant

The judge is being shown, what is said to be, "photographic evidence of dilapidation"

"the rent is sufficient [for an order] isn’t it?" asks Judge

Apparently not, if rent repaid then order ceases. Hence why claimant seeks order for both unpaid rent and dilapidation we're told

Judge approves all the orders request, after going through the detail. Inc a summary assessed legal costs of £7,500

And that ends my afternoon at Stratford Housing Centre.
Respect for DDJ Richard Clarke, whilst suffering with an “awful cold”, has sat since 10.00am without a lunchbreak. He has had 24 matters in his list which ended at 16.37