Possession Claim On Line (PCOL)- help re procedure

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    #76
    Although the Late Payment fee of £15 is lawful, it's almost certainly unenforceable as being a penalty unrelated to the amount unpaid.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #77
      Originally posted by jeffrey View Post
      Although the Late Payment fee of £15 is lawful, it's almost certainly unenforceable as being a penalty unrelated to the amount unpaid.
      So include it in the claim and the worse that can happen is that it gets disallowed, surely? It's not going to prejudice the whole case.

      Comment


        #78
        section 21 notice

        I've issued a section 21 notice several months ago but have allowed the tenant to remain in occupation and he has continued to pay rent and the tenancy has become a periodic tenancy.

        The tenant has failed to pay the rent this month so I'm looking at obtaining possession through PCOL. What should my next steps be?

        Comment


          #79
          If the s.21(1)(b) Notice was valid when served, it remains valid even after the fixed term expiry (unles a new Letting is expressly granted).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #80
            I've just noticed that it was a section 21(a) that was served on the tenant does that make a difference?

            Comment


              #81
              Originally posted by scribbler View Post
              I've just noticed that it was a section 21(a) that was served on the tenant does that make a difference?
              If it was correctly prepared and lawfully served, the Notice has no 'use by' date and still holds good unless a new Letting is granted.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #82
                Originally posted by scribbler View Post
                The tenant has failed to pay the rent this month so I'm looking at obtaining possession through PCOL. What should my next steps be?
                You can't use PCOL for s21 possession, only s8. Thus you will need to issue a s8 notice. The usual grounds are 8, 10 and 11.
                On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                Comment


                  #83
                  Hi Esio,

                  You say you can't use PCOL for s21 possession. I don't doubt your wisdom on this but can you clarify where it mentions this. If this is the case isn't this bonkers when a s21 is supposed to offer accelerated possession!

                  Comment


                    #84
                    Originally posted by scribbler View Post
                    You say you can't use PCOL for s21 possession. I don't doubt your wisdom on this but can you clarify where it mentions this. If this is the case isn't this bonkers when a s21 is supposed to offer accelerated possession!
                    Have a look at this link to the Practice Direction

                    You need to scroll down to rule 5.1.
                    On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                    Comment


                      #85
                      PCOL issued to T - what happens if he pays arrears?

                      I have recently issued a PCOL to my tenant, who owes 2 months rent. I understand I can only use PCOL for eviction purposes IF rent arrears is the grounds for eviction.

                      It struck me that if he pays the costs and arrears, would the eviction hearing scheduled still go ahead, or would I have to go through the process again?

                      Good advice appreciated.

                      Comment


                        #86
                        PCOL (Possession Claim On Line) is step 2. On what grounds did you serve a s.8 Notice [= step 1] on T?
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #87
                          I didn't. A Section 21 was issued.

                          Comment


                            #88
                            Originally posted by adam1516 View Post
                            I didn't. A Section 21 was issued.
                            So you can't use PCOL then: that's for Section 8 only - which is what you use if using rent arrears as grounds for eviction (as per your first post). Section 21 is for mandatory 'no-fault' reposession.

                            Comment


                              #89
                              Originally I used section 21 as, like you say, a no blame solution after the six months had expired. I know I don't have to give a reason as to why I required the property back for a section 21.

                              After the two months had expired, the tenant had still not moved out. He stopped paying the rent after August (the section 21 notice expired in October), so I thought I could use PCOL as a method to get rid of him.

                              Here's what it says on the PCOL form -

                              "the reason the claimant is asking for possession is:

                              (a) because the defendant has not paid the rent due under the terms of the tenancy agreement.

                              (c) because:

                              The claimant is entitled to possession further to the expiry of the statutory section 21 notice on October 22nd 2009 served on the defendant on August 12th 2009......

                              As I said, he stopped paying rent after August.

                              If he pays off the arrears, is the PCOL order still valid?

                              Comment


                                #90
                                If a valid s.21 Notice is served, and the Notice period is correct, L is entitled to an immediate Possession Order. No 'fault' is necessary on T's part.
                                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                                4. *- Contact info: click on my name (blue-highlight link).

                                Comment

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