Is the court inventing requirements?

by Readers Question

10:42 AM, 7th December 2020
About a month ago

Is the court inventing requirements?

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Is the court inventing requirements?

I started a Section 21 process last February and I recently asked my solicitor if he had got a possession order from the Court. This was his reply:

“Put simply, I think the court have made a right hash of this case in that they seem to have invented the requirement for us to serve the possession claim on the defendant ourselves (which is the reason for the outburst from the tenant and her sister earlier this week)”

Could this be the case? I have seen nothing to this effect from any of my landlord sites. Anybody else had the same experience?

Cheers,
Graham


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Comments

Manni

11:30 AM, 7th December 2020
About a month ago

I think the courts serve them but an extra process has been added where you must serve a full bundle to them and file a a full bundle at the courts no later than two weeks before the review. The bundle must include everything that’s been filed at the courts including any defence by the tenants. and notice of the effects of the coronavirus.

Manni

12:56 PM, 7th December 2020
About a month ago

There’s a further added requirement I forgot to mention

No later than 2 weeks before your review date, you must email the courts confirming that you have completed all of the above and supplied your phone number to the tenant in the bundle
You must also supply you contact number to the courts in that email.

Chris @ Possession Friend

12:57 PM, 7th December 2020
About a month ago

Reply to the comment left by Manni at 07/12/2020 - 11:30@Graham,
If your solicitors didn't know this, its a matter of concern.

Manni

13:00 PM, 7th December 2020
About a month ago

Reply to the comment left by Chris @ Possession Friend at 07/12/2020 - 12:57Well to be fair even the Nrla had no knowledge of it. I spoke to two separate advisors.

terry sullivan

15:30 PM, 7th December 2020
About a month ago

Reply to the comment left by Manni at 07/12/2020 - 12:56
i would not give my phone number or email address to tenant

Manni

15:39 PM, 7th December 2020
About a month ago

Reply to the comment left by terry sullivan at 07/12/2020 - 15:30
It’s a requirement by the courts to give your number to the tenants so a conference call can take place at review if needed or pre review discussions can place or there’s apparently a risk of the case getting struck out.

terry sullivan

15:41 PM, 7th December 2020
About a month ago

still would not give my details

conference call to 3rd party number

what fool came up with that idea?

Chris @ Possession Friend

17:16 PM, 7th December 2020
About a month ago

Reply to the comment left by Manni at 07/12/2020 - 13:00
Well shame on them too.
It was published by MHCLG and is on the gov website for about 6 weeks.
I posted a link to it on another article on P118 a few weeks ago.

Manni

17:27 PM, 7th December 2020
About a month ago

Reply to the comment left by Chris @ Possession Friend at 07/12/2020 - 17:16Yep you posted that to me after I asked a similar question.Thanks.
After getting no joy at the Nrla helpline, they were just as confused as me although they did tell me to just follow the courts instructions , I posted on here and you pointed me in the right direction

Seems a lot of people are getting caught out by this

Manni

16:52 PM, 17th December 2020
About 4 weeks ago

Chris@ possession friend
So..... my tenant submitted a defence one day before the review date causing adjournment and 6 week delay.

I had already served the bundle according to the instructions of the original review.
The new court papers have the same instructions

Must I serve the bundles again including the new defence
Thanx

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