Landlords Guide to Court Possession & Evictions – Part 1


Hey guys, so we're here at a possession hearing. So hopefully, we get possession of one of the properties back 14,000 renter is so far as 14,000. Plus, you've also got about three grand worth of damage to the door when the police knocked it down, found Class A drugs on site. The real disappointment here is that this guy has been taken away to prison. But we haven't been able to get possession now, obviously, in a lot of people say. Well, surely, if he wasn't there, you could have taken back possession. 

Technically, you cannot get possession back unless the court granted. And so the landlord's decision was not to take possession back until the court gave us, so the court's given, ah, yeah, will give it, will give it today. And yeah, well, hopefully they will. Anyway, I don't see there's too much to argue with that. It should be a pretty clear cut. It's a mandatory rounds we're working on. So the judge has to, as long as our paperwork and everything is right, get possession. So we should be coming out and given possession. All right, let's head on in, I won't be able to film in there. It's all illegal. And I don't want to be in jail.

Hey guys, a bit disappointing. We got possession, which is great news. But the judge has given them seven days to get their affairs in order. And even though they hadn't been in possession of the property for ages. So it's a bit disappointing. Sometimes you wonder whether judges really live in the world, real world. You know, this guy is 14 grand plus cost plus, plus, plus, it's about 18 grand all up that he owes. And yet we're still getting him another seven days when he hasn't been in the property.

But yeah, that's the judge's ruling, you can't really argue with the judge, unfortunately, you know, sometimes it's better not to argue, just to back down because, you know, he could have journeyed to do all sorts of things. So but good news, landlord, he gets his property back in seven days. And yeah, and obviously, we get it back on the market and getting meaning the rent that he deserves, you know. 

So yeah, so I'll just go through a bit of more detail what went on in court. So I actually have to get up and give evidence in court. And what that meant was I stood in a box. So when you walk into court, first thing, you walk into court, and the advocate who's there to, to do the case, he'll sit in front of you, I sit at the back. Okay, and so you're a witness effectively. And so, it had to go like, I'm Brett Alegre-Wood, solemnly blah, blah, blah, whatever, declare that I'm going to tell the truth, the whole truth, nothing back the truth, to that sort of stereotypical one that we talked about, you know.

And then I had to give how much the rent was, when their section eight was served, how much the arrears were at the time, you know, all that sort of bits and pieces. And then he said, right, that's fine. Sit down. So I sat down, well, good. And then it was just a bit of horse trading amongst where their interests go and be allowed. He wanted to, he wanted only going to give his interest if we had a full breakdown of the interest there. 

The reality is, you know, this guy's so far in debt, he's in jail, we're not getting the money back. You know, who knows, maybe in four or five years, he could try and get the money, which is probably worth having to go. But really, it's not worth it, the landlord just, unfortunately, has to write off about 18 grand in this case. So yeah, but so it was, um, you know, if you're not familiar with what goes on there, you could say that's pretty cool on but actually, it's not that much as long as you got your data correct. The answer judges questions. 

The judge, we asked for possession forthwith. In other words, straightaway, the judge wasn't prepared to think that I rebuttals once the judge said nobody at a time. So then I just shut up, because it's not worth arguing with the judge. You don't want to piss them off. So the trick with anything in the courts where it's just to have your, your stuff ready. I mean, you are right. As long as you know, you got all the data there. You're correct.

A lot of these possession hearings, it's not about a judgment call. It's not about, you know, the judge, you know, saying I'll decide maybe on a on a discretionary ground it is, but most of the time, we are under a mandatory ground. And if you're going on a mandatory ground, the judge doesn't have any discretion on that. Okay. They have discretion on certain things like how long they give before they'll have possession or, you know, and that's where if the defendant come along, and said, I've got kids, I've looked at it, I need 30 days, then they're likely to give 30 days.

So there is some discretion they have, but as to whether you get possession back, there's no discretion if it's a mandatory ground. So that's a different suite of mandatory discretionary. So you just got to make sure that you don't look silly in front of the judge. You got to have all the questions ready, all the backup data, you know, he's got the court bundle in front of him, which has all that stuff. But you just got to make sure it's correct. So yeah, but it's look, it's the first couple times you're like, oh, what's going on? After that? You know what, it's just procedural, you know, and the fact that he's a judge doesn't matter doesn't make any difference. All right, guys. See ya.

Brett Alegre-wood
June 10, 2022

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