Question

Applying to Court for Possession — Standard Procedure (England) | Ending a Tenancy (England) | England

General Form of Judgment or Order

8 Dec 2020 | 3 comments

Please help, I am not understanding current possession rules.

Section 21 issued to tenant on 13/2/2020 requiring possession 30/4/20

21/5/20 letter from court saying claim issued and stayed until 25 June 2020.

17/9/2020 I sent the reactivation notice.

in October I received a General Form of Judgement or Order dated 5th October.

it says Before District Judge ………….sitting at County Court at Bath

Upon the court considering the papers in the matter

Upon the claim being served on the Defendant

it is ordered that

1. the Claimant must apply after time for the defence to be filed, for a possession order

dated 30th September 2020.

There has been no more correspondence, when I first read this (in October) I thought it had been sent due to the stay in June, before the processed my reactivation request.

Unable to speak to the court for advice, do I need to send a new reactivation?
many thanks for any help

Answer

3 Comments

  1. guildy

    We don’t think it is you not understanding the rules, it makes no sense!

    Assuming this is accelerated possession, normally you get a confirmation that it’s been sent to the tenant and then at the bottom of that letter is a tear off slip to apply for possession.

    It seems they’re saying you can apply for possession but without the slip.

    Problem is, you could do with the tear off slip to know the wording!

    All we could suggest is putting in a written request for a possession order referencing the order dated 30 September 2020.

    A copy of the order and your previous reactivation notice should be enclosed with the letter.

    An application for some order should normally be done on form N244 but that would incur a further fee and normally for accelerated this isn’t necessary because it’s done via the tear off slip being signed.

    None of the Coronavirus rules have changed these basic principles of the procedure, they’ve just altered when things get heard and listed.

  2. ajl short

    Thank You Guildy, I have followed this advice, I will advise of the outcome incase others find it helpful.

  3. ajl short

    Just to Update, I wrote to the court enclosing copies of all paperwork. I have not had a reply to my letter, but today have received a Notice of Hearing for the 4th February. wasn’t really expecting this as the original Section 21 was issued in February 2020, before the pandemic. The notice is dated 30th December, so hope it is not pushed back due to the current Lockdown.

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