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I don't know if someone can advise. I issues a Notice 6A to a tenant on 14th December 2018 and the tenant emailed me on the move out date to say she intended to stay in the property.Proceedings were sent to Chelmsford Crown Court on 6th March 2019 by royal mail.These were sent again on 26th April 2019 by recorded mail and were signed for as received.My solicitor has been unable to contact the court and hasn't received any correspondence despite lodging an official complaint in June - she is at her wits end (as am I) to know what to do next. Can anyone advise on the course of action to take from here and also whether the 6A notice has now expired and needs re-issuing?
From June 1st 2019 a new Form 6A is to be used. The Form is included in the legislation. And the online version is available here. Maybe the answer is to complete two copies. And then take them in person to the Magistrates Court. Hand over the original signed version of the document and then sign a letter that says they have received the document. Sometimes belt and braces works.
Disclaimer: I have no legal expertise nor am I a qualified advisor on any subject. A humble landlord using an open forum to exchange ideas and experiences.
Very simple if your solicitor can't deal with it get a new one. That's what you pay them for.
Thank you for all your suggestions and advice. Certainly going down to the court in person sounds like a good idea in principle but it will waste the best part of a day and it really shouldn't be necessary. I am very lucky in this case that the tenant has decided to carry on paying but the whole thing is a sham and I feel very let down by the system! I will certainly be contacting my MP about this as I hate to think what will happen when S21 is abolished.
Don't panic about the 6 .month time limit.
You have 6 months to ' Make a claim to the court, after the service of the Section 21 Notice, which you've done.
As Saagar said, its the court Manager and your M.P you need to be speaking with. Also, I'd agree with Douglas.
Courts do make mistakes, even go so far to say, some horrendous Co*k-ups.
I've had a few of these with some of my clients.
Thank you for the reassurance re the time limit and your other advice.
Is it easy to change solicitor mid way through or would it mean starting all over again?
You can change , dispense with your solicitor at any point.
We're currently suing a solicitor for negligence having taken over the case !
Don't take that as direct advice to sack your solicitor, to - fair, a lot more would need to be known than a few online sentences, and you shouldn't really act from an online post alone, rather treat it as food for further thought.
I will speak to my solicitor again. There seems to be reoccurring theme here that people don't think my solicitor is doing enough! I will also book an appointment with the court