If L wins at s.21 hearing, must T pay L's legal costs?

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    If L wins at s.21 hearing, must T pay L's legal costs?

    Hi, have got a section 21 hearing on 22 Feb which I am strongly defending, but if I lost it would I have to pay L's costs. I read somewhere that losing party only has to pay fixed costs. I am acting for myself and L is using expensive lawyers.

    #2
    Why what's wrong with his section 21?
    Why do you want to stay in the P, when the LL wants you to go?
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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      #3
      There is no 'defence' to a s21 - it is either right or wrong. Black or white with no shades of grey.

      Is your landlords section 21 wrong? If so, you don't need to worry about the landlords costs.

      Is your landlords section 21 correct? If so, why are you allowing this to go to court? As well as the fact that the judge will probably award some costs against you, most tenancy agreements state that you will be responsible for legal costs in these situations.

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        #4
        But action based on an apparently 'correct' s.21 Notice would nevertheless still fail if L had not:
        a. protected a protectable deposit; or
        b. obtained an HMO Licence for a licensable property.
        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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          #5
          Thanks for replying. In a nutshell, I have a 1 year less a day fixed term tenancy agreement whih expires in April, and L wanted possession on 28 December and put this in s.21 notice. However, L is relying on invalid "break clause" in lease which he drafted himself. Therefore I am confident that tenancy cannot be broken before the end of the term, because there is no valid break clause in the Agreement which can be acted upon (case of Ayward v Farwaz - fixed term tenancy agreement can be broken by s.21 notice before the end of fixed term if valid break clause) . Pls see my earlier thread for break clause wording. With regard to costs, I wondered if I would be liable in the unlikely event that I lose, and was interested to know what experience others have of costs orders re: s.21 claims, as I have read that court can only make fixed costs order in possession claim.

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