Does L lose rights if L allows T week to week notice after section 21?

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    #16
    Originally posted by Snorkerz View Post
    Still, as there are only 6 of us on the site at present, I'm not going to fall out about it
    Glad to hear and I echo what you say and appreciate your comments on the site. Sounds a very good policy to follow and I shall try and do the same.
    But mistakes happen ... and when I make my next one I hope I don't get the 'hanging judge' !

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      #17
      Originally posted by Charles19 View Post
      But mistakes happen ... and when I make my next one I hope I don't get the 'hanging judge' !
      But if your tenant makes a mistake - hope he/she does eh? As Lawcruncher says, you will get a 2nd attempt to evict, a tenant doesn't get a 2nd attempt to stay in the property. What if you both make a small mistake - what sort of judge would you hope for?

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        #18
        I wonder what judges dream about, what they have for breakfast and what they read on holiday?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #19
          Originally posted by Snorkerz View Post
          But if your tenant makes a mistake - hope he/she does eh? As Lawcruncher says, you will get a 2nd attempt to evict, a tenant doesn't get a 2nd attempt to stay in the property. What if you both make a small mistake - what sort of judge would you hope for?
          Not sure of your points here at all ???

          I don't hope my T makes a mistake (?) I simply hope and expect them to follow the AST agreement.

          As for 2nd attempts, there are plenty for the T - appeal after appeal, trickety options after trickery options, so Ive no idea what point you try to make here either Snorkerz (?)

          As for Judge type - why ask me this?
          I would hope for a Judge who knows the law and who properly applies it and when the situation arises (as I stated above before!) that they apply common sense where it is possible to do so around definite legal principles - those grey areas.
          Chas.

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            #20
            Originally posted by Charles19 View Post
            I don't hope my T makes a mistake (?) I simply hope and expect them to follow the AST agreement.
            Originally posted by Snorkerz View Post
            But if your tenant makes a mistake - hope he/she does eh?
            Sorry, I dodn't make myself clear - what I meant was that if your tenant makes a mistake in their court paperwork then you would hope that he/she does get a "hanging judge" who would throw their defence out based on that mistake - handing you victory. My final comment was regarding your preference for having a 'hanging judge' or 'non hanging' if both parties make a mistake.

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              #21
              Oh, and make sure S21 is correctly written, served and witnessed (or 'receipt of' document signed by T) with all correct terms etc included. Courts love to reject them on any mionor technicality!

              All excellent advice, thanks so much.

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