Have you ever had a S21 notice successfully challenged in court?

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    #16
    Originally posted by MrShed View Post
    Ruth, not only do I think it would stand a chance, I think if proven the court would have no option BUT to invalidate the notice. As you rightly highlight, the difficulty is in proving this, as 95% of the time this is only said verbally. I guess the thing to do is for tenants to get this in writing, most agents/landlords probably won't have a problem with this as I am guessing(perhaps wrongly!) that most will not be aware that this invalidates the S21.
    I would/will be writing to the landlord 2 months before s21 expiry asking for written confirmation as to whether the possession notice stands so I can make arrangements to move. Or whether, as indicated verbally, that tenancy may continue if LL is happy for it to do so.

    Then it's clear:

    1/ I move out
    2/ s21 is invalidated

    Pretty easy really.
    Now signature free.

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      #17
      Originally posted by Miffy View Post
      Ruth less. I thought if we started a new thread simply on the REALITY (rather than the theory) of how S21's have progressed in the courts, asking for people's real experiences (sort of like a poll) we might attract some swift and to the point answers. I was a bit worried that people with that information might not (still?) be reading the other thread that we hijacked .
      Does anybody have any bright ideas how this sort of info on court cases could be accessed?
      All posts in good faith, but do not rely on them

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        #18
        Originally posted by lorenzo View Post
        I would/will be writing to the landlord 2 months before s21 expiry asking for written confirmation as to whether the possession notice stands so I can make arrangements to move. Or whether, as indicated verbally, that tenancy may continue if LL is happy for it to do so.

        Then it's clear:

        1/ I move out
        2/ s21 is invalidated

        Pretty easy really.
        Quite right for a tenant that knows about the SoD. My theoretical example was for the tenant that only found out about the SoD when asked to leave without notice and so they have to put a case together retrospectively.
        ~~~~~

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          #19
          Originally posted by Miffy View Post
          The links provided are interesting (i did read them previously, I believe) but still address the THEORY of what happens. Does anyone have any real life examples to share
          I've been reading this forum for this subject for months now, and had also seen that thread before. The only real life personal example I recall is Andy Parker's as you mention.

          But on the other long thread (I don't think it was a hijack, more a continuation) someone links to another MSE thread where someone else does mention their agent has case law on this. They volunteered to get the examples but haven't yet.

          EDIT:
          http://www.landlordzone.co.uk/forums...2&postcount=67

          Originally posted by Tenantzone View Post
          (This link is thanks to posters on MoneySavingExpert.com. I'm not sure if I'm allowed to link to the thread, but it's on the renting board and the thread is called "Section 21").
          http://forums.moneysavingexpert.com/...&postcount=145
          Last edited by Ruth Less; 19-02-2007, 17:14 PM. Reason: Add links.
          ~~~~~

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