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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (England)

Too late for court proceedings for possession?

25 Sep 2017 | 5 comments

We issued a S.21 notice on 3rd April 2017 to a tenant who was not paying rent top-ups. His parents then started paying top-ups and I agreed with the tenant that provided his top-ups continued to be paid we would effectively let the S.21 expire. His parents are now refusing to pay his top-ups and in addition to this, the tenant is generally mis-behaving! Do I need to issue a new S.21 notice as we are so close to expiry, or if I prepare court papers today is there time to get it through on the existing S.21? I am concerned that if he files a defence or it goes to bailiffs there could be a problem with no time on the S.21

Answer

5 Comments

  1. guildy

    We presume the tenancy or last renewal is one granted on or after 1 October 2015 and as such you’ve used the new prescribed form 6A?

    Given your question, we assume that must be the case because you’re concerned about the six month lifespan of the notice.

    On that assumption, you will be fine to proceed because you have until 2 October to commence proceedings. That just means that the court have received the papers (although there has been no test on the definition, other similar legislation has been held to be the court receiving papers). Because it’s close, you should either hand deliver the papers to the court and get a receipt or, ensure the papers are sent to the court via a “signed for” service.

  2. 1353

    Thanks Guildy. Could you provide the link to preparing the Court papers please?

  3. 1353

    Thanks. Because the Council provided a bond in lieu of a deposit, on the deposit section of the Court form do I put ‘NO’ to a deposit? Do I need to send a copy of the Council bond?

  4. guildy

    You would put no to the deposit and there would be no need to attached the bond.

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