Section 21 struck out?
I have had a Section 21 claim struck out because “The Notice Seeking Possession” is not in the prescribed form.
It seems that the N5B form, which I downloaded from a popular landlord forum, is outdated as it does not mention updated advice on the possibility of receiving a “Breathing Space” and specific provisions regarding where Defendants can seek advice.
My tenant is not in arrears and therefore does not need a “Breathing Space”, and all the information regarding which organisations can help them is in the prescribed information, which they have signed to confirm receipt.
The notice striking out my claim says that: “The Claimant may apply to restore the claim within 28 days after the date the Order was served on them”
I have no idea how to proceed from here. Do I just redo the N5B and submit it again, or do I have to start the whole process all over again?
Advice gratefully received, thank you.
Ken
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Member Since January 2015 - Comments: 1435 - Articles: 1
12:44 PM, 19th May 2025, About 11 months ago
Re serve using the correct form 6a
https://www.gov.uk/guidance/assured-tenancy-forms#form-6a
Member Since October 2020 - Comments: 1137
1:23 PM, 19th May 2025, About 11 months ago
I don’t think you need to start again unless you were also using an outdated s21 notice template.
Check with your landlord association or a solicitor for specific advice.
Member Since May 2017 - Comments: 16
2:12 PM, 19th May 2025, About 11 months ago
Reply to the comment left by Judith Wordsworth at 19/05/2025 – 12:44
Thank you Judith.
I have the updated form now.
What I don’t know is do I have to start from the beginning again with all the paperwork – EPC, Gas Certs, prescribed information etc or just send the new 6a form back to The Court with the original case number?
Member Since September 2023 - Comments: 28
3:17 PM, 19th May 2025, About 11 months ago
Why take the risk?
Resend forms day 1
Serve S21 day 2
Job done
Member Since December 2023 - Comments: 1575
9:57 AM, 20th May 2025, About 11 months ago
Using the right form is landlording basics. I’d recommend that use an eviction specialist.
Member Since September 2023 - Comments: 157
3:07 PM, 20th May 2025, About 11 months ago
If you didn’t use form 6a, the notice is invalid. You need to serve a new form, wait 2 months, then apply for a new court date.
You can run though this to check if you missed anything, because even one slip up will send you back to the start of serving a fresh notice.
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid
Member Since May 2017 - Comments: 16
4:03 PM, 20th May 2025, About 11 months ago
Reply to the comment left by Jonathan Willis at 20/05/2025 – 15:07
Thank you
I used form 6a, only it wasn’t the latest version seemingly as it didn’t include “breathing space” details nor details of Shelter etc.
My tenant isn’t in arrears and therefore doesn’t need a “breathing space” and all the “helpful” organisations contact details are in the prescribed information, which the tenant signed as having received.
My question was regarding the 28 days which I have to try and restore the claim.
Other than the most recent form 6a, do I need to send any other paperwork to The Court?
Thank you
Member Since May 2017 - Comments: 16
4:06 PM, 20th May 2025, About 11 months ago
Reply to the comment left by Cider Drinker at 20/05/2025 – 09:57
I used Form 6a, which I downloaded from a popular landlord forum, not knowing that their form 6a was not up to date.
Member Since September 2019 - Comments: 25
4:45 PM, 20th May 2025, About 11 months ago
Reply to the comment left by Joe Boxer at 19/05/2025 – 14:12
If your original s21 was not the correct version, then you will need to start from
Scratch with a correct s21, however it sounds like the judge is saying your N5b form was incorrect and allowing you 28 to submit the correct version
Member Since May 2017 - Comments: 16
6:44 PM, 20th May 2025, About 11 months ago
Reply to the comment left by Julie Ford at 20/05/2025 – 16:45
Thank you Julie