Successful Outcome in Pt 55 Repossession Action

Image: Ricardo Gomez Angel/ripato/Unsplash
Image: Ricardo Gomez Angel/ripato/Unsplash

Greenhalgh Kerr were successful in seeking Judgment together with legal costs and interest following a disputed Part 55 claim seeking repossession of a property together with rental arrears that had been accruing for over six months, in favour of one of its large accommodation provider clients.

Greenhalgh Kerr were initially instructed in July 2021 by an accommodation provider in order to assist with the repossession of its property together with seeking rental arrears that had accrued to an amount of over £15,000.00 following a material breach of an Assured Shorthold Tenancy Agreement.

Following the service of a Section 8 Notice and the tenant’s refusal to vacate the property Greenhalgh Kerr advised its client to issue a possession claim. The matter was issued at Court and an upon receipt of the Notice of Hearing the Defendant filed a response to the claim disputing the amounts due, amongst a number of other issues. For example, the tenant stated that the Assured Shorthold Tenancy should not have been accepted as it was unaffordable based on the tenant’s finances from the outset of the Agreement. All arguments raised were rebutted vehemently.

Greenhalgh Kerr advised the client to proceed with its claim for possession. The tenant subsequently vacated the property prior to the hearing following notice of the same claiming that the matter no longer needed to be heard at Court. The client was advised to proceed on the basis that it has an entitlement under the Assured Shorthold Tenancy Agreement to the rent due together with interest and  legal costs.

The matter proceeded to a hearing and upon hearing both parties the Judge agreed with Greenhalgh Kerr’s persuasive submissions on behalf of its client that the tenant was not afforded credit in entering into a Tenancy Agreement and the relevant and necessary checks had been carried out. The Tenant was ordered to pay the rental arrears within seven days together with interest and associated legal costs. The Claimant was awarded Judgment in its favour in the total sum of £20,624.39.

Greenhalgh Kerr’s experience of handling spurious disputes following defaulted Assured Shorthold Tenancy Agreements encouraged its client to proceed to the hearing for Judgment despite regaining already possession of the property prior to the matter being heard.

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Greenhalgh Kerr
Olympic House, Beecham Court,
Smithy Brook Rd,
Wigan WN3 6PR

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+44 (0)333 200 5200

We are confident in our work and we know that recoveries is a key part of a lender or creditor’s business

We are confident in our work and we know that recoveries is a key part of a lender or creditor’s business. We have designed our pilot projects to give lenders and creditors the comfort and confidence in our service before formally and fully switching recoveries providers. This time also allows new clients to benchmark our service levers and results against existing providers and others.

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You choose 10 recoveries cases

You choose 10 recoveries cases to get us started. We’ll deliver our usual onboarding protocol where we’ll get to know you and your systems, culture, methods, preferences, and requirements.

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We assess each case by setting a strategy then grading and reporting on the case in terms of prospects and timescales and cost. We make immediate contact with debtors, and pursue a recovery in our tried and tested ways.

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We review

We deliver ongoing, structured, tailored reports as per your needs and carry out a full 3-month review on these 20 cases. There we’ll discuss how we have worked together, patterns we have seen in your borrowers, your systems, your documents, your pre-legal conduct, outcomes, highs and lows, legal costs (and costs borne by debtors), and possible improvements in all of these.

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