Section 21 hearing?

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  • Section 21 hearing?

    hello again people,
    God I am not able to sort out my prob. Anyways, I have been reading thru the threads and I found one thing confusing, if there is NO HEARING for section21 notice then the letter I got from the eviction company states that I have a HEARING? Whats the difference between the two?

    Also, can the tenant put up a defense? Isnt there any time period or if there is no response from the T so far, the T can come up with defense on the date of hearing?

    What should I do or say in the Court to convice the Court, that I am the victim and I need my property back? I have made a summary of the problem/situation and I plan to give it to the Court before the hearing starts. Will it help?

    What other things should I be careful about?
    Please guide me as I am very very nervous about it. I have the hearing in 2 days time.
    Thanks for your help in advance, people!
    I plan, God laughs...I propose, God dispose!

  • #2
    If s.21 Notice is accurate and dates are all correct, Court MUST make immediate Possession Order.
    See s.21(1)(b) and s.21(4)(a): both state that the Court "shall make an Order" so it has no discretion at all.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      I'll post the dates.
      The agreement took place between with my father and his agent illegally on 14th sept 2004.
      The agent was informed not to let it out once the AST expires to which he never paid any heed.
      Then his lawyer wrote a letter in july 2005 tht he is ready to give up the possession after the ast is over. Then we couldnt get hold of him. Then finally in June 2007 he wrote on a paper saying tht he will give us the possession back on 1st Sept 2007 which he never did.
      Then I contacted the eviction company and they served him the notice under s.21 and s.8
      The dates are as follows:
      25th September 2007 notice period starting
      13th december 2007 notice period ending.
      Is that alright?

      Also how strong my winning sounds?
      I plan, God laughs...I propose, God dispose!

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