AST to Periodic and court striking out

You are here : Member Forums Possession - Section 8 and Section 21 AST to Periodic and court striking out
This topic has been locked as no posts have been made within the last 90 days.
P
PixieHouse
2 Posts
0 Thanks
Dear Sirs,

My questions are listed here:

Court paperwork. The basic problem is, that the tenancy has continued into a periodical tenancy as I held back giving the woman a new tenancy until she made an effort to pay.

It soon became aparent that she was lying and so I issued the Notice to Terminate on 31 March AFTER the tenancy had ended on 8 March

This was for for posession on 31st May

Reason 1
"The date for posession is not the last date of a period"

Question
As the tenancy ended on 8th March what is the end of a period? is it the 8th or 9th of any subsequent month after the 2 months notice i.e 8 or 9 June?

Reason 2
"The Notice does not say Notice being given persuent to section 21"

Question
The letter from CAB says that an eviction during a periodical tenancy must make reference to "possession being sought by virtue of section 21(4)"
Is there another form or can I just add these words to the form I have?

Finaly the judgement order says "as the court has disposed of an aplication without a hearing and without service. Any party may apply to have this order set aside or varied within 7 Days of the date of service"

Question
I have been given Applicatipon notice & form N244 notes for guidance what do I do from here and what EXACTLY do I write on the form? Is it still preferable to ask for posession without a hearing?


29/06/2009 00:00

Want to read more?

This is a members only forum, if you want to read more you need to login to your membership, if you are not a member, click here to join.

This topic has been locked as no posts have been made within the last 90 days.
Landlord & Investment Show
Martin Co
Envirovent
Landlord Broadband

Share this page