Section21 issued before March lockdown and latest developments

[Alistersmith]

I remain slightly confused by latest government announcement on eviction protection. My S21 was issued on 16 March 21, my accelerated reposession for presentation to courts is in place for 21 Sep. There are no other factors - perfect tenant but I just need to sell house ASAP (sold subject to vacant possession); notwithstanding the court backlog, is it possible for the court to enforce the eviction before March 21 (based on the ‘protection’ afforded by the government last week) or am I destined to be waiting for another 6 months and probably lose my buyer. Kind rgds Al

[Alistersmith]

16 March 20 not 21!

[ash72]

If the T's are good why don't you just give them a mutually agreeable date to leave on?

[Alistersmith]

She claims housing assistance from council and they have told her to stay put, I have discussed with her some options ( full deposit returned and reducing her rent to help her remain a private tenant but My advice isn’t getting through.) l have to use the court route (amicably) as she is following the council advice. I’m just after an answer to the query on s21 above.

[ash72]

If your papers are with the court, then you are not subject to the recent new rules, as long as the T doesn't defend the case you are good to proceed quickly, but it all depends on the current backlog that may be with your court.

[Alistersmith]

Thanks, my letting agent did this a couple of weeks back, the original s21 expires this week (6 months from issue) but they advised that by commencing the acc rep process and lodging it with court, the expiry of the S21 had been overtaken by the acc rep? I was just wary that I could inadvertently miss something and lose any advantage I had by having an extant S21 from pre lockdown. T will not challenge she is packed and ready to go when the council react to the acc rep. Kind regards Al

[jpkeates]

You (or your agent) need to send a reactivation notice after 20 September to restart the court process which is currently "stayed".
Your hearing will then be rearranged.

[Alistersmith]

Many thanks

[MdeB]

You (or your agent) need to send a reactivation notice after 20 September .

Is that necessary for an application that was submitted only a few days ago?

[jpkeates]

Is that necessary for an application that was submitted only a few days ago?

If the notice hasn't been escalated to the courts by now, it's possibly timed out.

[MdeB]

If the notice hasn't been escalated to the courts by now, it's possibly timed out.

poster suggests it was escalated by agent a couple of weeks ago, with last date for escalating 16 September (a couple of days ago):

Thanks, my letting agent did this a couple of weeks back, the original s21 expires this week (6 months from issue)

You wrote:

You (or your agent) need to send a reactivation notice after 20 September to restart the court process which is currently "stayed".

And my question was "is reactivation notice required for recent applications" (I thought reactivation notice is required only for, approximately, pre-August applications).

[jpkeates]

All of your points are correct.

And the answer to your question is, I don't know.
The courts seem to have simply stopped processing claims (so they've not been assigned a claim number - which would seem to prevent a reactivation notice being used).
But when they did that and how they're going to revive them, I have no idea.

[MdeB]

And the answer to your question is, I don't know.

I was trying to avoid investigating myself!

It appears the answer is "reactivation notice is not required for claims brought on or after 3 August 2020 (http://www.justice.gov.uk/courts/pro...on-proceedings, paragraph 2.2)

[Perce]

Useful link

https://www.gov.uk/government/public...land-and-wales

[123Landlord]

Alistersmith - I'd be interested in an update on your experience with your case.

I'd like to know if accelerated possessions still accelerated, or right at the bottom of the pile as some people have suggested?

When you say your tenant "claims housing assistance from council" do you mean she's asked them to help her find a new place to live?

Thanks,

Helen