Form of Judgment/Order - meaning of 'list for hearing'?

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    Form of Judgment/Order - meaning of 'list for hearing'?

    Hi,

    I am in the process of going through court to evict the tenants living in my house. I have a letter from court stating the below which I am not sure what they mean, can anyone help please:


    "IT IS ORDERED THAT

    1. List for hearing on date to be fixed with time estimate of 10 minutes

    2. This hearing will be listed as the court is not satisfied that the section 21 notice is valid. It was served on 26 july 2006. The earlist date upon which possession could then be required was after 18th Pct 2010.

    This Order has been made without a hearing under the Court's case management powers contained powers contained in the Civil Procedure Rules, Part 3. You may within 7days of the service of this Order apply to the Court to set aside or to vary the Order under Part 23 rule 10. If you do so, you must file with the Court and serve on other parties an application that sets out your reasons for objection."

    What does the above mean and what should I do now. The tenants are still in the property, so has the court said i can only regain possession after 18th October when now its November.

    Please canyone help.

    Thanks you in advance.

    Ruby

    #2
    On the face of it, your S21 notice appears to be invalid. If it is, then you will have to re-serve a valid notice and wait 2 months before recommencing the possession summons process.

    Comment


      #3
      Why is it believed that the s.21 Notice is invalid?
      Maybe the letting (granted before 1997) was not preceded by a s.20 Notice. If so, it's an SAT[ not an AST] and s.21 would not apply at all.
      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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