Section 21 review hearing date and tenancy missing?

by Readers Question

15:19 PM, 11th November 2020
About 3 weeks ago

Section 21 review hearing date and tenancy missing?

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Section 21 review hearing date and tenancy missing?

Hello. After serving a section 21 I have just received a hearing date for a review.

The court papers advise me to do the following: Provide to the courts a bundle of all documents filed in the case to date and to provide a paper copy of that bundle to the defendant.

Now, this is an old tenancy and I don’t have the tenancy agreement.

Along with my n5 and particulars, I provided a bundle of evidence. One for the courts and one for the tenants already. I thought the courts send that to the tenants.

Do I need to send these again to the courts and the tenants?

Thanks

Manni


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Comments

Chris @ Possession Friend

12:09 PM, 12th November 2020
About 3 weeks ago

Yes

Manni

12:46 PM, 12th November 2020
About 3 weeks ago

Thanks Chris. What was the point in sending 4 copies to the courts then?

Mick Roberts

13:07 PM, 12th November 2020
About 3 weeks ago

Reply to the comment left by Manni at 12/11/2020 - 12:46
That's not Manni my mate Manni from Nottingham is it? If so, bell me. Cause Chris is a good colleague of mine & very human with common sense & will/can tell u how it is-The truth.

And disgusting what u say, these courts are making it so much harder, gonna' be nigh on impossible soon to get your house back from non paying tenant. They only making it worse for the next lot of tenants to not get house.

Manni

13:13 PM, 12th November 2020
About 3 weeks ago

No mick. Not from Nottingham
Yes they are make it harder. A whole more photo copying with nowhere open!!!
They have asked for , no later than two weeks before the date, a bundle of documents filed to be sent to the court (if it’s been filed at the courts why do they need another copy?) another copy sent to the tenants then an email to the court confirming allthis has been done.
Been driving around all morning looking for a photocopier.!!!

Manni

13:22 PM, 12th November 2020
About 3 weeks ago

I’ve spoken to couple of people at the NRLA They don’t have any knowledge of this new process

Chris @ Possession Friend

13:49 PM, 12th November 2020
About 3 weeks ago

Reply to the comment left by Manni at 12/11/2020 - 13:22
Manni, there is no sense, rhyme, nor reason behind the governments instructions, In my opinion, some at least of what they're doing is intentionally designed to slow the Possession process, because otherwise, lots of evicted tenants are going to be turning up at Local Authorities ( read, Local Govt. ! ) door.
We know L.A's struggle - couldn't cope with Emergency Accommodation before, so they would be swamped by the extra Housing need.
I've written about this before, but simply put - the Govt - Rishi had two choices ;
1. Pay genuine tenant Covid-related arrears to landlords, or a loan scheme like Wales , or
2. Shaft the financial burden onto landlords.
The treasury have more debt than they can handle without taking on this substantial extra amount
( Just bear in mind the Annual Rent default debt [ Pre-Covid ] is just under £ 10 BILLION, Can you imagine what its going to be now ? )
Option 1 is never popular as the theory of ' paying money to landlords ' is irksome to politicians, so we are well aware that Option 2 of sequestrating Private property has been the govt's preferred method.
My rant over, you can find an unusually helpful [ from the Govt ] document on the eviction process at ;
https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants/understanding-the-possession-action-process-a-guide-for-private-landlords-in-england-and-wales
Updated 5/11/20

LordOf TheManor

13:58 PM, 12th November 2020
About 3 weeks ago

Hi Manni
I suggest you copy your documents onto a memory stick then visit the copy shops that inhabit the big supermarkets nowadays. If you make yourself a tidy file of the original paperwork, you only need to run off two copies of the lot from the memory stick: one for the tenant and one for the court.
It is then your responsibility to serve the paper documents on the tenant. Take a witness with you to photograph the delivery and then have your witness complete the witness statement that accompanies S21 paperwork with the time and date of the served documents. Complete 3 originals to avoid having to revisit the copy shop.
I understand the Courts are still open, so if you can, go there with their copies of the bundle that match what they've asked for, including the witness documentation and get a court stamped receipt as your proof of delivery. Pay heed to the time schedules to get all this completed before the deadline.
The Courts say you can email the documents to them. Don't hold out any luck with that!!! Best advice is to deliver to the Court in person for the reason given below. Good luck with the it.
Lord
My smallclaims case due to be heard in June couldn't go ahead on the day because the Court couldn't find its paperwork from me (even though I had their email confirming receipt). I got new directions on what to send for a new date in September, again inviting me to do that by email to them and paper to the defendant. Did precisely that, sending another copy of the previous docs - and guess what??? The same happened again, no papers available at the Court on the day, so the case is on its THIRD listing for the end of this month. I hand-delivered the printed documents into the Court Office in September and have a dated receipt to show for it. All I can do now is hope they haven't lost the docs since then.

Manni

14:24 PM, 12th November 2020
About 3 weeks ago

Lord of the manor. 2 times I hand delivered to courts and both times were lost. I always post now registered

The government guidance Chris posted says the courts will serve the tenants. So why am having to do it. Hmmm

Anyway thankyou all. Got a few days. Will get it done

Manni

16:27 PM, 12th November 2020
About 3 weeks ago

Just a further question which I’m not sure anyone will have a reasonable answer but here goes....

I have almost two weeks to send this bundle. Two weeks after that cut off date is the review. The tenant has two weeks to submit a defence if they are represented. How can a tenant submit a defence if my forms haven’t been sent to them. My cut off date to send bundle and their cut off date to submit defence is almost identical

Manni

9:51 AM, 13th November 2020
About 3 weeks ago

Just a quick update

After reading chris’slink to the gov website ( thanks Chris) it seems I have to send a full bundle. That includes any possible defence submitted. So I’m just gonna hold off or I will have to send it twice.

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