Is it possible to send court papers in before a notice expires? For example when we serve an S8 we know no more money is coming, so could we complete and submit the papers to the county court then?
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No, you must wait until the notice expires or risk your court action being dismissed for being premature. -
Wait for clairification but i THINK You can send them in so long as the court date is AFTER the date on the notice.
I am sure I have seen on here that so long as the court date is after the date on the notice then you can go ahead, especially in the case of section 21 when court dates can be a couple of months ahead.GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!
Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!Comment
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Well I lost a section 8 action for just this reason: I submitted the court paperwork shortly after the service of the S8 notice and the court date was too prompt! So I had a word with the court officials to delay the hearing until after the requisite notice period. The judge however, would not have it as the court paperwork had been submitted too early.
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.Comment
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