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It seems that the N5B form, which I downloaded from a popular landlord forum, is outdated as it does not mention updated advice on the possibility of receiving a “Breathing Space” and specific provisions regarding where Defendants can seek advice.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
8:02 AM, 24th May 2025, About 11 months ago
Reply to the comment left by Joe Boxer at 19/05/2025 – 14:12
If your pre-tenancy and tenancy documentation is ALL in order AND your s21 notice was in the latest format, you can draft/type your own, then just complete the most recent copy of 6a
Member Since September 2023 - Comments: 23
9:16 AM, 24th May 2025, About 11 months ago
Hi Ken,
Before spending money on solicitors etc as others have suggested, I would simply contact the court and ask them for clarification.
I seem to remember I did this with one of my S21s and I found them to be quite helpful. They can’t offer legal advice but they CAN or should offer advice on the process/procedure.
No point starting all over again if you don’t have to.
Good luck.
Member Since May 2017 - Comments: 16
4:22 PM, 24th May 2025, About 11 months ago
Reply to the comment left by HFJ at 24/05/2025 – 09:16
Yes, that’s what I plan to do, thank you.
Hopefully it will avoid having to start again and avoid additional costs