Case thrown out of court

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    Case thrown out of court

    Hi

    I am evicting a tenant via section 21.

    All my paperwork is fine apart from the local landlord licence.

    It had had expired before I issued the section 21 so I applied for a new licence and there was an option to submit but pay later, which is what I selected.

    The judge threw the case out because I did not show evidence of a pending licence application

    Will my above step of submitting the licensing app be sufficient enough evidence to prove I had submitted an application?

    Here is what the judge wrote:

    "The claimant has 28 days to apply to to have the claim reinstated pursuant to CPR 55.16 (4)(B)

    The property is situated in an area designated for licensing. There is no evidence of a licence or pending licence application at the date of service of the section 21 notice"

    Thanks

    #2
    If you can evidence that you made a valid application, yes that's enough. (Assuming your application was before the section 21 was given, and it was still pending at the time it was given.)
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Originally posted by Bach View Post
      It had had expired before I issued the section 21 so I applied for a new licence
      When did you apply - before or after issuing S21 notice?

      Comment


        #4
        Originally posted by MdeB View Post

        When did you apply - before or after issuing S21 notice?
        Before issuing the section 21

        Comment


          #5
          Originally posted by Bach View Post

          Before issuing the section 21
          As long as it was on the day before or earlier, then it ought to be OK.

          Comment

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