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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sir / Madam, Hope you well. Please see my scenario

Customer Question

Dear Sir / Madam,
Hope you well.
Please see my scenario below.
The tenancy began on 01/01/2013.
The Section 21 Notice was sent on 01/07/2014 to the tenant by hand delivery. I also have proof of this. The date of expiry of the Section 21 is 31/08/2014.
The court for N5B was sent on 12/09/2014.
I received a notice of issue.
On 08/10/2014 i sent the slip which request for possession order and costs.
On 29/10/2014 i received a general form of judgment or order. stating,
''This order has been made without a hearing under civil procedure rule 55.16(1)(c) and the claimant may apply to restore the claim within 28 days after the date the order was served on him CPR 55.16(4)(B)
The S21 notice is defective in that it gave less than two months notice
Dated 28/10/2014.
Your advise and guidance will be highly appreciated.
Best Regards,
Kassam
Property Manager
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi Nicola,

Thank you for your reply. I am happy to wait. Please can you advise how long this will take.

Kassam

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You should give a minimum of 2 months notice.
Therefore the notice needs to be served by 1st of the month.
So if they pay on 1st you needed to have served the section 21 BEFORE 1st.
So it needed to have been hand delivered by the last day of the month at the latest.
Therefore you were 1 day late.
So if you serve NOW it will take effect from 1st December. Then they have to be out by 1st Feb.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex,

Thank you for your email. If i server the section 21 again does that me that i will need to apply to the courts again after the 1st of February and pay another £280 for the court application. Or can i appeal. If so, how?

Many thanks,

Kassam

Expert:  Ash replied 2 years ago.
It's not another £280. You just make an application to the court and the cost is £45 to restore the hearing,
You can't appeal, the notice period was defective.
But serve norice and apply to the court. Does that help?
Customer: replied 2 years ago.

Dear Alex,

Thank you for your reply.

Please advise on procedure. What forms do i need filling and when should they be done and how.

Regards,

Kassam

Expert:  Ash replied 2 years ago.
You need to apply to the Court on form N244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
You write to the Court on this form and ask that the matter be relisted.
That is it. You serve new notice and then get the case relisted.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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