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Question

Absolute Orders or Suspended (Postponed) Orders (England) | Landlord Wants Tenant to Leave (England)

Suspended possession order (s8) and s21

31 Mar 2017 | 2 comments

I have a suspended possession order via s8 proceedings for rent arrears, it’s going to take over 5 years to recover the arrears, but I also have a s21 where 2 months notice has expired, can I action the s21 and if so would the tenant be able to refer to the suspended order as a defence.

Answer

2 Comments

  1. guildy

    Yes, you can commence proceedings based on the section 21 now that it has expired. Both notices are “without prejudice” to each other.

    It is not possible for the court to suspend a section 21 notice like they have with the 8 and outright possession must be ordered.

  2. TIL10

    Many thanks for all your help and advice last week.

    We attended court this morning on an application to set aside a s21 possession order, where the tenant was claiming the s8 suspended order we already have hadn’t been breached. Once we pointed out to the tenants duty solicitor that this was a s21 possession, she did the rest for us. We didn’t need to say anything, she apologised to the judge for the mistake and informed him the set aside wasn’t relevant and the s21 order should stand. We did have a tame discussion about hardship but no extra time was given. Tenant surprisingly didn’t stay for the hearing.

    Thanks again.

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