Section 21 timeframe wrong
Possession - Section 8 and Section 21

DWP
DWP
7 Thanks
78 Posts
2 months ago
0

Hello (and apologies as this is long)

please can I ask some of you more experienced in Section 21 to evaluate this timeline and comment as necessary, as we are completely confused. We thought that after the 'deemed to be served' date the tenant had 14 days to respond. After that, we thought we then had to send back the tear off part of the 'Notice of Issue' form, requesting possession and costs (assuming no defence was entered).

However, this is where we are at now:

Our claim for accelerated possession, after we had submitted form N5B, was issued by the court on 27/2/24.

It stated that it was deemed to be served on the tenant on 12/3/24.

It stated that he had 14 days from that date to file a defence. That would take us up to either the 25/3 or 26/3 (depending on whether they count the date of service as day 1). 
 

We have been away from home since the 18/3/24 so don't know what post has arrived, but we have not yet sent back the tear off portion of the Notice of Issue form to request possession and costs.

Then, 3 days ago we were copied in on an email from an Advocacy group representing our tenant....the email was to the Local Authority housing dept requesting at what stage they considered the tenant homeless etc and attached to it were 2 documents, as follows:

A) Order for Possession dated 20/3/24 stating that on 19/3/24 District Judge ***** had heard the case and that the court orders:

1. Defendants leave by 2/4/24

2. Defendants pay costs by 2/4/24

3. Defendant's application to extend time for possession and payment of costs to be listed on the first open date after 5 days and in the event before 14 days in the possession list.

Note: This order was made without a hearing. Within 14 days of it being served either party may apply to have it set aside or varied.

 

B) Notice of Hearing

Hearing to be on 25/3/24. 15 minutes allowed.

 

Of course, the court may have written to us on the 20 March, and if so, and the letter actually arrived before 25/3/24, we could have responded....but I doubt it would have reached us in time as in our village we only get 3 deliveries a week if we're lucky. BUT why has the court gone ahead and issued the Order for Possession without us asking it to, and before the 14 days period for the defence to be entered had elapsed? And why has it given the tenant a date of 2/4/24 to leave, which doesn't fit with anything else? 
we also had already ticked the box on the N5B form saying we would accept a 6 week deferral if the tenant needed it.

The whole thing is so confusing and we just don't understand this timeline at all.

And what do we do next? Should we respond to the Advocacy company who copied us in? To be fair their email is also full of errors in dates as they seem to have dated everything in April.

We would be very grateful for any comments....is it likely the court has made an error?

Thanks, Helen and Dave Peters

 

 

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