S21 expires soon when can I apply for a possession order?

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    S21 expires soon when can I apply for a possession order?

    Hi,

    I have a s21 notice that expires after 11th August 2010. Do I have to wait until after then, or can I go ahead and issue proceedings now? I seem to remember that it was mentioned a few times on this forum that there's nothing stopping you from issuing procedings - you just can't enforce the order itself yet. Or have I remembered it wrong?

    Thanks.

    #2
    Originally posted by spiritkary View Post
    Hi,

    I have a s21 notice that expires after 11th August 2010. Do I have to wait until after then, or can I go ahead and issue proceedings now? I seem to remember that it was mentioned a few times on this forum that there's nothing stopping you from issuing procedings - you just can't enforce the order itself yet. Or have I remembered it wrong?

    Thanks.
    You can probably apply now, poroviding the court hearing date is after 11 August but of course of your tenant leaves by then you will be wasting £150 or so which you will not be able to recover.
    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.

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      #3
      Thanks Paul. It'll still be £150 well spent as far as I'm concerned, knowing that I'm one step closer to getting her out. I will be isssuing a separate action to collect my rent arrears anyway as I am going for a PO purely on the grounds that I want the house back.

      She won't leave before then anyhow as she's in receipt of HB and the council usually tell them to stay put until there's a PO. Incidentally she's over two months in rent arrears and I've had nothing but promises to pay and then when the time comes to pay, she says she can't afford it. Today she sends me a text saying she will try to pay something off the arrears this week (yet another promise) but she's struggling because............ she's just got back from holiday!!

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