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

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  • Conflicted
    replied
    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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  • Snorkerz
    replied
    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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  • Charles19
    replied
    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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  • mind the gap
    replied
    I wonder what judges dream about, what they have for breakfast and what they read on holiday?

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  • Snorkerz
    replied
    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?

    Leave a comment:


  • Charles19
    replied
    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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  • Snorkerz
    replied
    Oh yes - I am naive. However, over the last 40 odd years, I have learned that if you do things right there is no need to worry about if the judge liked his coffee this morning.

    Still, as there are only 6 of us on the site at present, I'm not going to fall out about it

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  • Charles19
    replied
    Originally posted by Snorkerz View Post
    The law says things have to be done a certain way. The courts do not have discretion to 'bend the rules' - if it is wrong, it is wrong.
    Wake up and smell the coffee! This is a tad naive Snorkerz.

    Yes rules are rules and its a good thing but there is indeed scope for 'interpretation' with grey areas in a good deal of legal shenanigans. Hence the high fees these clever guys are paid at top end in bigger cases than simple L/T disputes.

    But basically what you say is correct - however there are areas that can swing one way or another in a County Court depending on how the Judge feels that morning...its true! Some minor infringements can be 'overlooked' if its a good day and you get along whilst on another day or with another judge, maybe not so. As maybe on simple spelling errors mentioned above.

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  • Lawcruncher
    replied
    Originally posted by mind the gap View Post
    Lawcruncher, would a spelling error in the tenant's name on the s21 notice matter, as in this thread:

    http://www.landlordzone.co.uk/forums...ad.php?t=27377
    I assiduously avoided that thread. One would hope not.

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  • mind the gap
    replied
    Originally posted by Lawcruncher View Post
    This is especially the case with section 21 notices since the landlord can always serve another one. In other cases they make take the view that if the recipient is not misled then certain errors can be overlooked. Even so, notices should be checked carefully before being sent off. In one firm I worked for notices were always checked by another person however experienced the person who drew them up.
    Lawcruncher, would a spelling error in the tenant's name on the s21 notice matter, as in this thread:

    http://www.landlordzone.co.uk/forums...ad.php?t=27377

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by Snorkerz View Post
    The law says things have to be done a certain way. The courts do not have discretion to 'bend the rules' - if it is wrong, it is wrong.
    This is especially the case with section 21 notices since the landlord can always serve another one. In other cases they make take the view that if the recipient is not misled then certain errors can be overlooked. Even so, notices should be checked carefully before being sent off. In one firm I worked for notices were always checked by another person however experienced the person who drew them up.

    Leave a comment:


  • Snorkerz
    replied
    Originally posted by Charles19 View Post
    Courts love to reject them on any mionor technicality!
    The law says things have to be done a certain way. The courts do not have discretion to 'bend the rules' - if it is wrong, it is wrong.

    Leave a comment:


  • Charles19
    replied
    Originally posted by Snorkerz View Post
    There has been a post on here recently where, iirc, the landlord gave a formal extension to an s21 which invalidated it because the extension formed a new tenancy agreement, not covered by the original s21.

    http://www.landlordzone.co.uk/forums...26&postcount=4

    Tread carefully
    Yes agreed ! And dont put any other dates in writing after serving the S21. You can then start an Accelerated Possession Procedure (£150 direct online) if you need to. Dont let that name mis-lead you - it still takes a while though. Courts say 2 weeks to review it but their backlog means 5-6 weeks in reality! Then comes time for tenant to appeal after this ...3 months all in to a possession order IMHO.

    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!

    Leave a comment:


  • Conflicted
    replied
    Thank you all very much for your considered responses.

    I am sending a section 21 and notice will be served as of Wednesday.

    Have a good Bank Holiday Monday, and thanks again,

    C

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  • Lawcruncher
    replied
    Originally posted by mind the gap View Post
    Or, in practice, the tenant voluntarily vacating and returning keys?
    To be more precise and quoting the words of HA 1988:

    An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court...

    The parties are, as you say, free to agree a surrender and of course a tenant dose not need a court order and can serve a NTQ.

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