s.21 and PCOL

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    s.21 and PCOL

    Can anyone help please? Can I use PCOL after the s.21 notice has expired? Some seem to suggest that PCOL can only be used after s.8 notices. Many thanks

    #2
    PCOL can only be used for a rent based section 8

    Comment


      #3
      I may be being daft but nowhere on the PCOL form does it say it can't be used following a s21 notice. Also the GOV.UK website makes no mention of it not being usable. Where does you info come from? Thank you

      Comment


        #4
        • PCOL is a simple, convenient and secure way of making or responding to certain types of possession claim on the Internet.
        • A Civil Procedure Rules Practice Direction governs the type of claims that can be issued using the PCOL service. We recommend that you familiarise yourself with this and the contents of the User Guide before commencing issue.

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          #5
          Thank you for your response. I had previously read the User Guide and can find no reason in there why PCOL can't be used for a simple possession order after expiry of the s.21. Can anyone give me a definitive answer on this please?

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            #6
            Incidentally, if you ring the number on the government website, you get through to MCOL. After spending 28 minutes on hold, I was told they can't help with PCOL matters. Staggering ineptitude.

            Comment


              #7
              Originally posted by PDW1964 View Post
              Thank you for your response. I had previously read the User Guide and can find no reason in there why PCOL can't be used for a simple possession order after expiry of the s.21. Can anyone give me a definitive answer on this please?
              You've read this, and it doesn't answer your question?

              Is PCOL suitable for your claim?

              Please check that PCOL is suitable for your claim before you start.
              PCOL is suitable if:
              • It is brought under Section I of Part 55.
              • It includes a possession claim for residential property by - a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage.
              • It does not include a claim for any other remedy except for payment of arrears of rent or money due under a mortgage, interest and costs.
              • You have an address in England or Wales where documents can be delivered.
              • All defendant's have an address for service in England and Wales.
              • The claimant is able to provide a postcode for the property to be recovered.
              • You have an e-mail address.

              Comment


                #8
                Hi Stuart. Thanks again for your response. Yes I have read it. My point is that nothing there says IMO, that I can't use PCOL but an earlier poster informed me that it can only be used for s.8 evictions. The only possible part to rule out using PCOL is "It is brought under Sectio I Part 55". However there is no info about what this is. Confused! Maybe I should just use N5B instead. It is just that PCOL seems easier and quicker. Also cheaper. Thanks again

                Comment


                  #9
                  Section 1 part 55 refers to the Civil Procedure Rules.

                  Section 21 is a notice that has no grounds, so it can't ever be " a possession claim for residential property by - a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage."
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Thank you JPK. That seems to put it to bed. N5B it is then!

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