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Louise1
12-10-2011, 10:46 AM
I served a section 8 notice and received a suspended possession order, the tenant has defaulted and am in the process of making an application to the court for possession, however it has come to light that at the end of september my agents filed a section 21 notice giving the tenants until the 5th december to vacate. Do i now have to wait until the 5th December to get possession or can I still file my application at Court for the possession.

thanks in advance.

JK0
12-10-2011, 16:00 PM
I don't think so, or what would be the point of issuing a section 8 and 21 at the same time? (You might just as well have just issued the 21.)

mariner
12-10-2011, 16:01 PM
s8 reached the Court first, so continue with that action. Serving s21 is not NTQ on a specific date. If s21 was valid (protected dep etc) and expires 5 Dec, then you can try for s21 poss order after that date if your s8 fails. Subject to others' opinions.

Louise1
13-10-2011, 08:17 AM
Thank you for your replies. I was just a bit concerned that as I am making an Application for the suspended possession to be made final and request that the tenants leave, the tenants could turn up with the Section 21 and state that they have been given until the 5th December, even though the original s8 had been served.

Snorkerz
13-10-2011, 08:21 AM
Tenants haven't been given until 5th of December - they have been told that after 5th December you can go to court under s21. You'll be fine.

westminster
13-10-2011, 10:43 AM
The s.21 notice served has no effect on your s.8 application. The only effect of a s.21 notice is to entitle the LL to make a s.21 application for possession after the notice expires.