Claim struck out for section 21 over 12 months old?

Reply to the comment left by “James Fraser” at “02/09/2015 – 16:51“:

Oh, nearly forgot. The Deregulation Act provisions for tweaks to S21 mentioned above are due in October but the government are not currently looking like the timetable will be kept to.

The benefit of serving a section 21 notice right after the tenancy has been signed and the deposit protected and the prescribed information served, is that I make the tenant sign as a confirmation that they received the section 21 notice. I use this confirmation as my “C1″(=proof of service marked ‘C1’) on the claim form and this is accepted by the Judges. So let me get this clear: It is unreasonable to expect the tenant to remember the service of a section 21 notice but they do remember that a tenancy agreement was signed?

Well, as an adviser at the NLA, that’s what we hear from certain courts. I agree it’s mad, but as a precaution we’d probably say an S21 ought to be re-served if there was a possibility it might be deemed to be beyond a ‘reasonable’ period of time (and yes, no one really knows what that might be!).

It is unlikely that case law will play any part in this. There is no statutory authority
for putting a time limit on a s.21 notice and judges cannot create the law.
You should appeal.

I bought a property in auction in July 2016 . went to the tenant august 2016 to sign AST for 6 months then she never paid me any rent since then never answer my call and doesn’t open door for me to do any repair or get gas certificate etc.
I served s21 in December 2016 then apply for claim in.end of January. I received the letter the tenant was served 14 days notice then I sent the paper for possion order but court sent me a letter that my claim struck out because the claim for possion was filed b4 the expiry of s21 notice. What should I do now .please help.