Failed section 21 proceedings done on line

by Readers Question

14:53 PM, 4th October 2016
About 2 years ago

Failed section 21 proceedings done on line

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Failed section 21 proceedings done on line

I have recently been to court to enforce a section 21 after the tenant didn’t move out on the required date. At the hearing I was told it would be dismissed due to the proceedings being done on line through pcol and the fact that I had put it all down to arrears.fail

Ii asked could it be adjourned while I re-served the notice which they declined and said I need to amend the notice and not do it on line so I’m now unsure what they mean, could any one tell me what the next steps are that I need to take.

Thank you,
JB.



Comments

Mandy Thomson

12:59 PM, 5th October 2016
About 2 years ago

Hi JB

You would only use PCOL if you were enforcing a section 8 notice under ground 8, the mandatory 2 month rental arrears ground.

To file for a possession order under section 21, you need to complete form n5b https://formfinder.hmctsformfinder.justice.gov.uk/n005b-eng.pdf

Most of the n5b is straight forward, but note how to complete the following sections:

- if you're claiming the court fee (£355), you will need to tick relevant boxes on the first and last pages
- section 2 - you will need to provide details of all ASTs ​and include them as exhibits (the form will tell you how to mark them; A1, A2 and so on).
- section 3 - (for typical AST) cross through from "OR" to the end
section 5 - details of how section 21 was served - post or in person (with witness) and attach section 21 (marked C1) and proof of post or witness statement of truth marked C2.
- Section 6 - ensure the property isn't affected by selective landlord licensing imposed by the local authority
- Section 7 - if the deposit was a local authority bond, tick "no"
- Section 9 - tick box if you're also claiming the court fee
- Statement of truth - if more than one landlord all must sign (but not owners who are not on tenancy agreement as landlord)

It goes without saying that your section 21 must be in order, with deposit protected and prescribed information served on tenant within 30 days of payment. If the AST is dated on after 1 Oct 2015 you must also have served the following before you can serve section 21:

-a copy of the EPC
-current gas safety certificate if applicable
-government "How to Rent" guide (this is the one document that is served by email by default)

Also, ensure that any written maintenance requests have been fixed.

If you have rental arrears and you're serving section 21, you can claim these under a separate small claim court action (MCOL).

Mandy Thomson

13:04 PM, 5th October 2016
About 2 years ago

Reply to the comment left by "Mandy Thomson" at "05/10/2016 - 12:59":

Make any cheque payable to "HM Courts and Tribunals Service".

Mark Lynham

14:02 PM, 5th October 2016
About 2 years ago

i believe its only the first and last tenancy thats required, not all.
I would also do a form N215 Certificate Of Service to show how the notice was served.
I assume by their commenst that the section 21 wasnt done correctly if you have to amend it?

Sharon Betton

14:58 PM, 5th October 2016
About 2 years ago

I think it is easier to distinguish the section 21 pre-and-post 1st October. If the tenancy started post 1st October, form 6A must be used. It can also only be issued with paper documentation - it cannot be done on-line.

It seems a pity that the questioner did not issue a s.8 as he says that rent arrears was the reason for the claim. This would have allowed for on-line possession and saved £30.

Mandy Thomson

16:39 PM, 5th October 2016
About 2 years ago

Reply to the comment left by "Sharon Betton" at "05/10/2016 - 14:58":

Theoretically, yes, but in practice many tenants manage to either pay down the 2 month arrears and/or raise counter claims for maintenance and even harassment. While this won't stop the eviction, it will delay it, often by months, whereas, provided a section 21 is properly drafted and in order, there is no defence, the worst that can happen is the tenant pleads hardship and gets a 6 week delay.

Where any arrears are concerned, whether section 8 or MCOL is used to recover these, the court payment award is only as good as the tenant's willingness and ability to pay.

Sharon Betton

10:20 AM, 6th October 2016
About 2 years ago

Reply to the comment left by "Mandy Thomson" at "05/10/2016 - 16:39":

Of course, Mandy, though must say in our region paying to get under the s.8 rent arrears criteria seems to happen quite rarely. Better a section 8 done properly than a s.21 issued in an invalid manner and thrown out.

But - section 21/form 6A is the accelerated possession procedure and preferable to most landlords as it will gain possession when done correctly.


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