Tenant filed defence -

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    Tenant filed defence -

    Hello

    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

    K

    #2
    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.

    Comment


      #3
      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.

      Thanks
      K

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