Can I Amend a Claim In Court

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    Can I Amend a Claim In Court

    Before the outbreak of Covid 19 I had served a Section 21 and then the postponement of all possession cases happened in March. During the COVID 19 lockdown, I found out that the tenancy given by the estate agent isn’t Assured Short hold Tenancy but occupier with basic rights according to Shelter tenancy checker. The case is already in court but due to corona virus there is a stay on case till October 2020 before being heard. The problems I have are the followings:
    1. I served a Section 21 but will it be valid in court (due to the fact that the tenancy isn’t AST)
    2. Can I serve a Notice To Quit before the court hearing in October but how can I add this to my previous claim without paying another money
    3. Although the deposit was protected within 39 days, it became unprotected for 1 year. Do I have to pay tenant x3 of the deposit.
    I really need a lot of clarity about the situation.

    #2
    Join NLA/RLA then.

    Comment


      #3
      1. If it's not an AST, the s21 notice isn't valid as a s21 notice, but it might still be valid notice - if you used form 6a, it would contain all the necessary elements of a notice to quit.

      2. It would be up to the court, but probably no. They'll be running a huge clearing up exercise, so if they decide the notice isn't valid, you probably won't even get into court to ask.

      3. If the tenant was an excluded occupier, there's no need to protect the deposit.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #4
        I thought non evictions are until 25th June for the moment not until October.

        Comment


          #5
          The tenancy isnt excluded but occupier with basic right because the landlord is a resident landlord. The last letter I received fromthe court stated 31st October 2020 but i hope to receive an earlier date for June.
          Will the Section 21 be valid in court to evict an occupier with basic right? Then the issue of wrong tenancy given for AST instead of Common law tenancy by the estate agent. Thank you,

          Comment


            #6
            Sorry Yes I used a Form 6A to serve the notice to quit to the tenant,

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