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Section 21 Claim form for possession.

16791112

Comments

  • How much are the arrears at present?

    Given the history, have you served a S8 G10 or G11?
    https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

    emailing the S21 is meaningless unless the TA states email can be used.



  • How much are the arrears at present?

    Given the history, have you served a S8 G10 or G11?
    https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

    emailing the S21 is meaningless unless the TA states email can be used.



    currently arrears is 114.58.

    yes S8 G10 & G11 were served earlier in the year.

    I only also sent via email because of the royal mail strike. It has now also been posted via first class post with proof of postage.

    The TA states “Any notices or other documents shall be deemed served on the Tenant by either being left at the Premises or by being sent to the Tenant at the Premises by first-class post. If notices or other documents are served on the Tenant by post they shall be deemed served on the day after posting”


  • Got good news, now will be getting my property back soon.

    The judge has decided on the 24/04 in my favour.

    She has been given until 09/05 to leave and pay costs of £355.

    Hopefully she leaves otherwise next stage Bailiffs. 

    So relieved


  • theartfullodger
    theartfullodger Posts: 15,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 April 2023 at 4:29PM
    Thatcher's Act (not a fan)  makes clear tenant does not have to leave 09/05.  Wait and see 
  • Thatcher's Act (not a fan)  makes clear tenant does not have to leave 09/05.  Wait and see 

    Hopefully she leaves otherwise next stage Bailiffs. 

    Making progress.
  • Alderbank
    Alderbank Posts: 3,962 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    You could wait and see, but I would start getting my plan B ready in case she decides to stay a little longer.
  • Alderbank said:
    You could wait and see, but I would start getting my plan B ready in case she decides to stay a little longer.

    I am ready, I have been researching.

    Next stage will be paying £130 form N325

    Minimum contact and support if needed. 
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 1 May 2023 at 12:20PM
    Hi All,

    I started section 21 in January.
    Tenant has been given until 9th.May 2023 to leave if she doesn't then will have to apply for Baliffs.

    She has also been ordered to pay back £355 cost fees by the 9th May 2023. (if she doesn't I will add to the Baliff form then what happens)

    Also rent is paid in arrears every month, she was introduced by the council. For this month on the 30th April rent of £1750 was due UC will pay about £300 tomorrow but tenant has only made a payment of £750 towards the £1750.

    I sent a s8 form which the 14 days due to end 03/05 but then was £591.58 owing.
    With April's rent not fully paid looks like will now be owing about £1300.

    She is also due to pay cost fees of £355.

    How do I ensure she pays this?
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 May 2023 at 6:41PM
    Zoe02 said:
    Hi All,


    How do I ensure she pays this?
    You can't ensure that.  If the tenant doesnt pay you can get a CCJ but enforcing that is another matter.  If the tenant is not working and has no assets then you can kiss goodbye.
    Is there a deposit?  If so, make sure the Court order includes instruction to the deposit scheme to release deposit to you towards the debt.

  • anselld said:
    Zoe02 said:
    Hi All,


    How do I ensure she pays this?
    You can't ensure that.  If the tenant doesnt pay you can get a CCJ but enforcing that is another matter.  If the tenant is not working and has no assets then you can kiss goodbye.
    Is there a deposit?  If so, make sure the Court order includes instruction to the deposit scheme to release deposit to you towards the debt.

    She works.

    But would not want to spend so much chasing if I might not get anything.

    There is no deposit was introduced through the council. Won't be doing that again. I have emailed the council's CEO today possession granted for her to leave by the 9th of May. (If I have to wait for bailiffs more time and costs)

    Gets UC but not much which gets paid directly to me. 
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