Case thrown out of court

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  • Bach
    started a topic Case thrown out of court

    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

  • MdeB
    replied
    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.

    Leave a comment:


  • Bach
    replied
    Originally posted by MdeB View Post

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

    Leave a comment:


  • MdeB
    replied
    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?

    Leave a comment:


  • KTC
    replied
    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.)

    Leave a comment:

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