Tenant filed defence -

  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant filed defence -


    I am new to the forum so do excuse the lack of profile I will complete it soon I promise.

    Just wondering if anyone can help me out.

    A tenant has filed a defense on an section 21a notice claiming it was not served, and they are not in arrears.

    I have a witness statement and proof of service (n215) and a rent schedule showing the arrears. I wish to respond to their defense, i was just wondering how i label the documentation that i send to court. I remember from taking to the court the tenancy and notice were marked "A" and "C" is there anything similar.

    any help gratefully received


    A S.21 Notice validly served has no defence available to the tenant, but they can ask the judge for a hearing and he can postpone the Possession Order for up to 42 days dependent upon the tenant's circumstances. A S.21 Notice has nothing to do with arrears.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      Hi Paul

      Thanks for your reply, the tenants have claimed they did not received the s21 and have requested 42 days. in the additional notes i put that there were arrears.

      As they are saying they didn't receive the s21 i am submitting a letter from the withness who witnessed delivery of the notice, a certificate of service signed by myself and proof of arrears in the hope that the district judge might just see that the tenant is trying it on !

      I was hoping to submit if before they look at the file and make a decision whether a hearing goes ahead.

      42 days isn't a huge problem - i just didn't want a hearing to take a further 6 weeks and then 42 days on top of that.



      Latest Activity


      • Reply to Cheapskate landlord wants to end tenancy
        by royw
        My understanding is that L is only responsible for an infestation present at the start of the tenancy, after that it's Ts responsibility. My council will send pest control for rats for free. They don't all but it would be worth asking. I would see what else is available for rent. Given his attitude...
        22-01-2022, 14:30 PM
      • Cheapskate landlord wants to end tenancy
        by Lucylou99
        Hi just after some advice. I have been renting the property for 4.5 years, 4 of those with a fantastic landlord and 6 months with a new landlord. When he took over he immediately increased the rent by 25%, annoying but perfectly within his rights. The main issue is maintainance and repairs. I cant report...
        21-01-2022, 22:11 PM
      • Reply to How to track down landlord
        by kelbol
        I thought about that but I don't see the tenants doing that. We'll all get on the wrong side of the LL if we force him to provide an address he didn't want to provide in the first place and he may well use the agent's address....
        22-01-2022, 14:24 PM
      • How to track down landlord
        by kelbol
        Next door property is being rented out and had the roof redone. Mine got damaged in the process.
        I'd like to contact the landlord/owner of the property next door to let him know and get his roofers back but I don't have his contact details.
        He's British but lives abroad. The phone number...
        21-01-2022, 20:27 PM
      • Reply to How to track down landlord
        by kelbol
        I'll try that when I finally get access. I'm unable to log in or create a new account.
        it used to cost £1 now it's £3!...
        22-01-2022, 14:22 PM
      • Reply to Cheapskate landlord wants to end tenancy
        by theartfullodger
        You say he increased rent by 25% and that was within his rights. He only has the right to propose an increase (you have the right to propose a lower increase or indeed a decrease). You had the right to appeal the increase: Did you?

        Did he serve you with S48 and s3 notices? S48 needs an...
        22-01-2022, 12:59 PM
      • Reply to Property damaged. Advice please
        by Perce
        When the police came to check on my tenant and he did not open the door they went to all the neighbours in the block to enquiry about him if they saw him. So someone should have spotted him in the garden listening to music or saw him if he was around. People notice everything. They also checked the...
        22-01-2022, 12:47 PM
      • Property damaged. Advice please
        by minorbark
        Apologies if something similar has already been covered elsewhere. I did try to search but couldn't find anything that matched my situation particularly closely. A huge thanks in advance to any of you who do take the time to read and advise.

        TLDR version: Police have forced entry into my...
        18-01-2022, 21:55 PM
      • Reply to Charity Opening up house next door as Temp Housing
        by theartfullodger
        What sort of charity specialising in what sort of occupants? There might be e.g.disability discrimination issues...

        We had people move in as tenants next door strong NI accents I was convinced were on witness protection. He was announced as a plumber, just a young couple in 4 bed house....
        22-01-2022, 12:32 PM
      • Charity Opening up house next door as Temp Housing
        by westbrookdiane3
        Hi all,

        this was a shock to receive a letter from next door saying they where a charity and wanted access to our property to put new drainage system into our property and tell us they are opening the house up as tempary housing. is this something we can contest, i mean can this impacts...
        22-01-2022, 03:39 AM