X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Legal FAQs

    Court not responding to proceedings

    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?

    0
    0

    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.

    0
    0
    Also I believe it depends on when the tenancy started. A form 6A is not mandatory if it started before Oct 2015 I am led to believe.
    0
    0

    Saagar

    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. 

    I would go to your MP. About time they hear real life stories of landlords experiences when trying to evict bad tenants!

    If it was me personally I'd turn up at the court and ask to speak to a manager. Not move until you've spoken to someone with authority. Clearly they are taking things for granted. 

    Have you sent the Standard Possession Order online or via post? I'd always recommend doing online as I find it easier to track.
    0
    0

    Saagar

    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.

    1
    0

    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.

    0
    0

    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.

    PossessionFriend.uk

    0
    0

    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?

    0
    0

    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.

    Possession Friend.uk

    0
    0
    I don’t think you are out of time as the court has been sent the claim. I don’t think your solicitor is doing enough to contact them though.

    Courts are difficult to get hold of at times and I have certainly sat on the phone for up to an hour to get through. But I find it hard to believe that they cannot get through at all and that a compliant has been ignored.

    In fact the court IT system is partly unified and so almost any court should be able to see if they proceedings have been issued.

    However, I agree that making an online appointment and going to the court office is probably the best option now.
    1
    0
    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    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

    1
    0