My Property Possession Claim was struck out pursuant to CPR 55.16 because I did not put the date of service of the updated How to Rent Guide in the particulars of claim form. The tenant has been in the property for 4 years and was given the then current guide when he moved in and the updated one was provided before section 21 was served. However in the claim form, I only put the date of the service of the first guide because there was only one box. I then attached the service certificate of the current and up to date guide with the bundle. How can I proceed. Can I ask for review or is it better to start a new section 21 possession claim and put the 2 dates of service in the claim form. Any help and advice will be appreciated, thanks.
Section 21 Property Possession Claim struck. What to do next?
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Under CPR 55.16.4(b) You can apply within 28 days to restore the claim. https://www.justice.gov.uk/courts/pr...s/part55#55.16Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Guides and handbooks for Litigants in Person - :
https://legalbeagles.info/forums/for...60#post1701560
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If I request to restore the claim, can the Judge not strike out the case again for the same reason that the second date of service of the how to rent guide was not written on the claim form? though the service certificate of the second how to rent guide was attached as an appendix to the bundle. I also did not serve an update version during a one year renewal of the tenancy and I am wondering if the Judge can still throw out the case for this reason, though the current version has been served but just not written in the claim form.
Am I also able to serve a new Section 21 notice If I do not wish to go the route of requesting the struck out claim to restored?. thanks a lot.Last edited by ojgulf; 13th March 2025, 10:47:AM.
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