Tenant filed defence -

[kentish]

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

[PaulF]

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.

[kentish]

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