Section 21 Notices

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    #16
    Originally posted by AndrewDod View Post
    Where else in the judicial system can a defendant file no defence or indeed state "everything the claimant says is correct" (even if it isn't) and still "win" (even if they don't want to)
    In most cases, the application for a claim would be reviewed and rejected if completed incorrectly.
    Lots of court claims fail before a defence is even offered.



    Is that actually true? You could say the same about landlord right to enter for example.
    If AST says "I may enter the property under x circumstances"
    X arises
    Tenant refuses entry
    The fact is that T is simultaneously in breach of contract BUT L has no means of enforcing correction of the breach other than via a court
    In that situation (with some caveats) the tenant would be in breach of contract.

    If the contract said L has to give 2 weeks notice to enter L would still have to go to court (but only after 2 weeks) - but the contractual term woiuld still be a valid term.
    But not here - the term is unfair because it's not legal, so there can't be a breach.
    And it would be the same with any non-legal notice periods.

    Indeed that is surely exactly why the tenant has to pay the costs of the hearing
    The tenant normally only has to pay the cost of the hearing if they're on the losing side.
    Which means that the claim was valid, not that they were in breach of contract.

    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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