Has LA messed my procession order proceeding?

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    Has LA messed my procession order proceeding?


    First time landlord need some would advice please. LA served section 21 on 1/Feb asking tenants to move out by 4/Apr. Last week, they told LA they are staying because of delay on their purchase and don’t want to move twice. They said they might need to stay for 2 or 3 more month so LA issued them a new vacating date on 4/June without run it past me first.

    I’d like to know if this will affect my chance of getting a procession order from court in any way? Tenants indicates they will fight if going to court.

    Thanks.


    #2
    A S21 notice does not end a tenancy, it simply tells the tenant that you want the property back after a certain date.

    You can start court proceedings at any time after the notice has expired and up to 6 months from the date of issue.

    Therefore, your agent's action has not created a new tenancy, and has not invalidated the S21 notice; provided the notice is valid, you can use it to start court action after 4 June and up to 31 July (or possibly 1 August, but I would not leave it that late) if they still do not vacate.

    Note that tenant can "fight" a S21 notice only if it is invalid for some reason (of which there are many).

    Out of interest, why was the S21 notice issued?

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      #3
      S21 was served on 1 Feburary asking them to leave on 4 April, must I wait until 4/June to start court proceeding? I use letting agent who advised me to start court proceeding, as far as I'm aware S21 is valid. My father is ill and I want to move closer to look after him.

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        #4
        Typical timescales if tenant digs heels in 40+ weeks from service of a valid s21. Make other plans.

        Sorry about father.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Originally posted by Pete_Manor View Post
          as far as I'm aware S21 is valid.
          Check: https://markprichard.co.uk/content/d...ecker-tool.pdf

          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Originally posted by Pete_Manor View Post
            must I wait until 4/June to start court proceeding?
            I wrote 4 June because that is what your agent has agreed.

            I have a feeling that estoppel comes into it, but I do not know if that would stop you starting action or just prevent a possession date being given before that date; it may also affect your ability to claim costs of action (but again I do not know).

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