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Question

Landlord Wants Tenant to Leave (England)

Using old s21 which has been used before

22 Apr 2017 | 3 comments

A s21 was used for proceedings in March 2015 and possession was gained in August 2015. Bailiffs were not used and tenants remained in property by agreement and rent has been paid since. Now can I use this s21 again? And/or can I use the possessing order to gain possession again?

Answer

3 Comments

  1. guildy

    You should ring the court and ask to speak to the bailiff to see if they will enforce the existing possession order.

    The bailiff will advise but you may need to seek permission from a judge to enforce the order this far after it was granted.

    As far as legally though, the tenancy has continued throughout so no new tenancy has been created by accepting rent since the possession order.

  2. eden2011

    OK but can the s21 used again? There was a new agreement after the possession case?

    • guildy

      Didn’t realise there was a new agreement after order. In that case, a new section 21 is required then new possession order.

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