Section 21 issued. How long until applying for a court order

essexlandlord

Senior Member

Join Date: Jan 2006

Posts: 169
#1

Section 21 issued. How long until applying for a court order

18-03-2010, 08:20 AM

Hi all

I issued my tenant with a section 21 last week and have not heard from them. It was issued from two different post offices with proof of postage. At what stage should I apply for a court order if I do not hear from them.

The notice expires late May.

Many thanks,
Tags: None
tom999

Senior Member

Join Date: Feb 2007

Posts: 1570
#2

18-03-2010, 09:36 AM

After the notice has expired, if the tenant has not vacated the property, you will need to make a claim for possession (form N5 or N5B).

The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .
Comment

Previous template Next

Rent Repayments From Covid Payment Holiday

by TravelLad

Hi,
I am looking for guidance on whether there is a deadline for tenants to repay their 3 month payment holiday during covid ? I have read the govt information which indicates that between tenant and landlord a repayment plan is to be agreed but I have held off pushing this to ensure my tenants...
- Channel: Residential Letting Questions
02-12-2021, 12:33 PM
Reply to Section 8 on tenants without deposit

by jpkeates

It makes no difference to a section 8 notice if no deposit was paid.
- Channel: Residential Letting Questions
02-12-2021, 12:25 PM
Section 8 on tenants without deposit

by dereham

Hello all

Is it difficult to evict a tenant (section 8 rent arrears) if they didn't pay a deposit when they moved in?
It might be a silly question - I know it's a massive issue not to have protected a deposit when it comes to eviction but I can't find any info about cases where there...
- Channel: Residential Letting Questions
02-12-2021, 11:30 AM
Reply to End of tenancy questions

by jpkeates

It depends on what you're trying to achieve.

The section 21 notice makes your intentions clearer and allows you to take court action to take back possession of your property if the tenant doesn't move out.
A section 13 notice puts the rent up (assuming the tenant doesn't successfully...
- Channel: Residential Letting Questions
02-12-2021, 12:24 PM
End of tenancy questions

by leasee123

Hi,

I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
- Channel: Residential Letting Questions
01-12-2021, 21:08 PM
Reply to End of tenancy questions

by leasee123

So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
- Channel: Residential Letting Questions
02-12-2021, 09:56 AM
Reply to Alternative ways to enforce a Peaceable Eviction

by bob369

I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
- Channel: Residential Letting Questions
02-12-2021, 09:54 AM
Alternative ways to enforce a Peaceable Eviction

by bob369

Hi,

A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
- Channel: Residential Letting Questions
24-11-2021, 23:16 PM
Reply to End of tenancy questions

by jpkeates

You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
- Channel: Residential Letting Questions
02-12-2021, 09:50 AM
Reply to Granting a very long AST (to a family member)

by Section20z

The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
- Channel: Residential Letting Questions
02-12-2021, 09:44 AM

Section 21 issued. How long until applying for a court order

Section 21 issued. How long until applying for a court order

Comment

Latest Activity