COUNTY COURT – The request for a Possession Order is premature?

by Readers Question

10:27 AM, 24th July 2014
About 4 years ago

COUNTY COURT – The request for a Possession Order is premature?

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COUNTY COURT – The request for a Possession Order is premature?

I am a landlord that has applied to the local county court for possession of my property.
My tenant has received a letter :-

“The request for a Possession Order is premature, being only 4 days after issue and the same day as deemed service”

What should I do now as a landlord

Thanks

Jazpossession



Comments

Simon Topple

10:35 AM, 24th July 2014
About 4 years ago

It depends on what notice you have served.

If its a section 8 notice, and you are relying on the mandatory, rather than discretionary, grounds, you have to wait 14 days from the date of the notice before starting court action. Resubmit the paperwork in 14 days from the date of notice.

If it is section 8 notice on discretionary grounds, you do not need to wait so its unlikely to be this.

If its a Section 21, you need to wait for the two months (from servicing) to expire, then submit the paperwork for possession - however I doubt it would be this - the "hole" in going for possession immediately after serving the S21 would - I think - only be picked up once it goes before the court. Just a guess though.

Tessa Shepperson

11:11 AM, 24th July 2014
About 4 years ago

Yes, it sounds as if you have issued proceedings before the notice period in your eviction notice has expired.

If this is the case, then you will need to withdraw this claim and start again, AFTER your notice period is over.

However before doing anything I suggest you take some legal advice and get someone to look at the paperwork for you. The court staff are not legally trained and it may be that a mistake has been made.

Jazie Kotadia

11:29 AM, 24th July 2014
About 4 years ago

Hye,
I have given the 2 months Notice requiring possession Section21(4)a
for a periodict tenancy. That expired then I
applied to the county court for Possession of property.
Sent to the court tenancy agreement, Section 21(4)a form and all relevant docs required.
Got a "Notice of Issue" form but sent in the slip at the bottom of the Notice of issue ,before the expiry of the 14 days from the deemed service date.
The judge gave an order :-

"The request for a possession order is premature, being only xdays after issue and the same day as deemed service"

Do i ask for another Notice of Issue form and resend it after the14 days has expired or can anyone recommend what i should do .
Thankx !

Tessa Shepperson

11:33 AM, 24th July 2014
About 4 years ago

Reply to the comment left by "Jazie Kotadia" at "24/07/2014 - 11:29":

Ah! Yes, you must not send it into the court before the end of the period of time allowed for service of the papers on the tenant! I did that once when I was trying to get everything done before going on holiday and the same thing happened tome.

You will have to apply to the court for the matter to be re-opened. I suggest you get a solicitors firm or someone like Landlord Action to deal with this for you.

Jazie Kotadia

11:45 AM, 24th July 2014
About 4 years ago

Reply to the comment left by "Tessa Shepperson" at "24/07/2014 - 11:33":

Tessa,just got off the phone to a solicitor, who said that i should write a letter after the 14 day period, formally asking the court to issue a possession order and that would suffice. Was he wrong?
The judge did not say that it had been refused or closed ,but that it was premature.
Am really confused now.

Tessa Shepperson

11:53 AM, 24th July 2014
About 4 years ago

Reply to the comment left by "Jazie Kotadia" at "24/07/2014 - 11:45":

I think I made an application to the court but you could try a letter if you like.

What I DO remember is that the whole thing delayed the possession order by quite a few weeks and my client was furious! It made me very careful in future!


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