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Snorkerz
05-02-2010, 15:32 PM
If one applies for a possession order, following a section 21, how long does it take the court to send paperwork to the tenant, what is it (is it a specific form?) and how long do they have to reply? I presume it is sent to the tenancy address by default?

If the tenant replies that the deposit isn't protected - will the judge look at that in chambers, or will there be a hearing?

If the s21 is in order, then I understand there is no hearing - does it still take 4/6 weeks until an order is issued? If the judge gives 14 days, is that from his decision day, or from when the order is delivered to the tenant?

havensRus
05-02-2010, 18:56 PM
If one applies for a possession order, following a section 21, how long does it take the court to send paperwork to the tenant, what is it (is it a specific form?) and how long do they have to reply? I presume it is sent to the tenancy address by default?

1. How long is a piece of string? Depends on how busy the particular court is: typically 1 week.
2. Notice of Service. Together with a defence form.
3. T has 14 days to reply/send in defence
4. Yes, to the property address for which you seek possession.



If the tenant replies that the deposit isn't protected - will the judge look at that in chambers, or will there be a hearing?

Dunno. If not protected, S21 not valid, so as paperwork is not in order, the request for possession will be considered by the judge, and denied, without needing a hearing.



If the s21 is in order, then I understand there is no hearing - does it still take 4/6 weeks until an order is issued?

No hearing, normally.
Unless there is a defence by T. In which case there might be one or there might not be, depending on if T is pleading hardship etc.etc. lots of variables.
If no hearing, then yes, order will be given for possession to be 4-6 weeks from date order was made.



If the judge gives 14 days, is that from his decision day, or from when the order is delivered to the tenant?

From decision date as above.