Possession Order - Civil Procedure Rule 55.16(4)

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  • Possession Order - Civil Procedure Rule 55.16(4)

    I am in the knowledge of this site very late but I hope I will get advice from the expert on what I am looking for.
    Last year very first time I rented out residential property on the basis of 12 Month AST. The tenant never made up rent on time and left me in huge amount in debt upon period expiry. The property was managing by estate agent. Anyhow, 2 months prior to tenancy agreement expiry, Agent sent to tenant letter stated that agreement is not going to renewed. On the last day of agreement expiry Agent served them section 21 notice. Afterwords I submitted the claim form to get possession. To get possession ASAP I went with this option called Accelerated. (This has been suggested by agent as the other procedure will take for long and recovery of rent is not guaranteed). Few days later, I received the letter from court statied defendant has 14 days to file a defence if defence do not file, i may ask court for possession. Well after 14 days when defendant did not file the defence I submitted court to get possession order.
    Now I have received letter from court saying, The claim is struck out as the claim form disclosses no reasonable grounds for bringing the claim.
    The section 21 notice gave less than 2 month notice and therefore invalid.
    In accordance with Civil Procedure Rule 55.16(4) the claimant may apply to restore the claim within 28 days after service of this order (dated 12 Jan 2009). No my question is, how to apply for restore the claim and when shall I serve this? Please help.

  • #2
    Serve a correct S21 giving two months notice. If you have trouble with the English language or understanding the form, get it done by a solicitor.
    I offer no guarantee that anything I say is correct. wysiwyg


    • #3
      I dont think you should restore the claim.

      You need to serve a valid s21 then once that has expired issue proceedings.

      agent should have served the notice 2 months ago by the sound of it!
      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.


      • #4
        Do I have to give another S21 now or shall I wait until for two months when the first one expired and re-submit the new claim.


        • #5
          Possession Order - Civil Procedure Rule 55.16(4)

          Thank you very much.


          • #6
            Just serve a new one now, but make sure it is correct in every detail.
            I offer no guarantee that anything I say is correct. wysiwyg


            • #7
              Thanks. That means if I serve new S21 now and wait for 2 months until it get expired and then apply for eviction. So tenant will live without rent for this whole period and plus rent arrear of 4 months of actual tenancy. Is there any other way?


              • #8
                You did not mention the 4 months arrears. Serve a S8 g8.10.11. now. You are able to take action after 2 weeks and you can apply for your arrears and costs at the same time. Make sure you get it right. Search this forum and read up about it.
                I offer no guarantee that anything I say is correct. wysiwyg


                • #9
                  Thank you sir. I am very confused. Some solicitor said If i serve section 8 it may take long time to get possession and I will not get rent arrears if tenant do not have money to pay. The tenant was claiming housing benefit and the claim stopped 1 month before the expiry of agreement. The topup ammount which tenant had to pay were accumulated and it reached equivalant to 4 months rent arrears. The best choice solicitor suggested me to serve another Section 21 now and wait 2 months to expire and then claim. My worry is that the tenant will live for this whole period for nothing. Also tenant is willing to go but she requires court order so she can go housing to claim homeless.


                  • #10
                    Possession Order

                    Hello to all members

                    I have got the possession order from the route S21 (Accelerated Possession Order). Now I need to know what will happen? Also if there is any other way I can claim unpaid rent. I understand rent can not be claimed through the route S21 - Accelerated Possession Order. When I served S21 (i.e. during the contract time) tenant were not in 2 months rent arrears. But due to some mistake from agent the proceedding went to hearing which took 2 months. For this period no rent paid by tenant. Is there anyway to recover some or all of rent money?


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