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    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.



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