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tdlawyer
tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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I issued my tenant section 21 to repossess my property this

Resolved Question:

I issued my tenant section 21 to repossess my property this has expired I took her to court and the judge said my application is defective. The judge told me to amend paragraph 4(A) of the particulars of claims the statutory ground
This claim was possessed online PCOL I cannot find the paragraph on my electronic form. Please advise me. I'm I suppose to make an application form instead.
Regards
Caroline
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi there - thanks for your question. My name is XXXXX XXXXX can assist with this.

tdlawyer :

The best thing to do is to use Application Form N244.

tdlawyer :

You need to apply to get the court's permission to amend a statement of claim like this.

tdlawyer :

I assume the judge was referring to the particulars of possession, N119, and paragraph 4a refers to the rent arrears.

Customer:

I have the permission to amend already. They are waiting for my response in regards XXXXX XXXXX case.

tdlawyer :

Okay, then you've stated in your old N119 that rent is due, right? And you're trying to rely on a s.21 notice, right?

Customer:

Yes. The general form judgement states that the claimant shall file an amended particulars of claim showing in red ink at paragraph 4 (a) of the particulars of claim the statutory ground

tdlawyer :

Okay, then you need to refer to notice being served under s.21 of the Housing Act 1988.

tdlawyer :

And then underline it in red ink.

Customer:

I made the claim on PCOL online not sure if I did the right thing.

tdlawyer :

It can be tricky using the online form sometimes. It's better to revert back to the paper system now though to rectify this issue. The online system works well for routine stuff but when something goes wrong, you have to go back to the old fashioned way of doing things.

tdlawyer :

You might find the Court Rules useful to look at about this too: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55

Customer:

It was ordered that the claimant shall filed an amended particulars of claim by 4pm on 21st May 2014

tdlawyer :

Yes, all you need do is print off the form (here: http://www.anthonyreeves.co.uk/resources/N119.pdf) and amend it as requested, then send it back to the court and to the other side.

Customer:

On the ground relied on in compliance withCPR direction 55B Paragraph 6.2a this was the order

Customer:

Could you on what to put on the form please

tdlawyer :

Are you able to print off the particulars of claim from the PCOL website?

tdlawyer :

Here is the practice direction referred to: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55b

tdlawyer :

Just so you can see what the Court is referrting to in para 6.2a.

Customer:

Yes. But there was no paragraph 4 on the online form

tdlawyer :

Well then that's confusing! There should be, but the courts change the forms sometimes and dont keep the PDs up to date.

tdlawyer :

It's not helpful I know.

tdlawyer :

You need to do the best you can with the amended particulars and try to comply.

tdlawyer :

So long as you make clear you're relying on the s.21 statutory ground, with the notice being served, you should be okay. It's not your fault the forms and PDs don't tally.

Customer:

Sorry I'm not sure of what you meant should I fill in and use my online case number XXXXX the form you sent.

Customer:

Hello

Customer:

Hi

Customer:

My intention was to issue section 21 to get repossession of my fiat, I'm not pursuing the rent areas at d moment. As it is now can I just fill a new claim form for possession of property with d section21 and submit it afresh to d court?

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