unsuccessful possession order

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    unsuccessful possession order

    Hi,

    I had served a section 21 notice on my tenant back in November, with the request for him to vacate the premises at the end of January (The end of that rental period being 31st of jan). The tenant was advised by the local housing authority to remain (Despite large rent arrears!) and so I went to a solicitor to go to court and apply for an accelerated possession order, the solicitor looked at my section 21 and agreed that the paperwork and dates were correct and it would be a formality. I've now been told that the judge has found in favour of the tenant as his reading of the section 5 housing act means that although my tenant's rental period runs from the 1st of each month to the last day of each month, he moved into the premises on the 31st of July 2007 and therefore the rental period should be from the last day of the month(Awkward for direct debits) and therefore notice should have requested him to vacate on January 30th. Has anybody had any similar experiences or indeed advice as to were I go from here? I can't believe the system is so one sided. My solicitor is adamant that my paperwork is correct and we should re-issue the section 21, but I can't afford to pay legal fees anymore and run the risk of losing again.

    Thanks in advance.

    #2
    So there is, in fact, no Possession Order as yet- just an unsuccessful application. Yes?
    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


      #3
      What dates were on the actual AST?

      Comment


        #4
        Originally posted by Snorkerz View Post
        What dates were on the actual AST?
        Yes, we need to know:
        a. when the AST's fixed term began;
        b. the precise length of the fixed term granted;
        c. whether OP has explicitly granted any subsequent rights;
        d. the amount of rent payable under the AST; and
        e. confirmation that OP (as L) protected any protectable deposit (= received on letting after 5 April 2007).
        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


          #5
          Instead of serving a further S21 and waiting the requisite two months, or appealing the judges decision - maybe, and I suggest it is the best way, the way forward is to serve a S8 notice citing two months/ 8 weeks or more unpaid rent - wait 14 days, then issue an online summons yourself using PCOL. You dont need a solicitor, and the date issue as before wont matter - as long as you prove sufficient unpaid rent at the service of the notice and at the hearing date, the judge has to make a mandatory order.

          I hope you did protect the deposit if it so required - it matters quite a lot with S21, but with S8 its non-protection means a potential counterclaim to reduce the unpaid rent tgo below the mandatory possession level.

          Comment


            #6
            Don't forget that Grounds 10 & 11 in addition to Ground 8, should always be used just in case!
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment

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