Notice to quit - can a tenant block it?

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    Notice to quit - can a tenant block it?

    Hi,

    Very new to all this but i'm likely to serve a S21 on a tenant now on a periodic contract after AST expired... was all set up by an elderly relative but we have now inherited the flat and the problem tenant

    My question is he is likely to try and stay even though served with a S21, he's a DSS can't work / won't work type - can he use that as a defence? He has a 9 yr old dependant living with him but not on the original AST - again can he use that as a defence?

    Any help would be appreciated.

    #2
    Originally posted by DRW View Post
    Hi,

    Very new to all this but i'm likely to serve a S21 on a tenant now on a periodic contract after AST expired... was all set up by an elderly relative but we have now inherited the flat and the problem tenant

    My question is he is likely to try and stay even though served with a S21, he's a DSS can't work / won't work type - can he use that as a defence? He has a 9 yr old dependant living with him but not on the original AST - again can he use that as a defence?

    Any help would be appreciated.
    No. A section 21 Notice is not based on T's conduct. The Court must make a Possession Order unless the Notice is defective in some significant way. The section reads, "...a court shall [ie has no option; it must] make an order for possession if it is satisfied that the [fixed term] AST has come to an end..."
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Previous posters have always urged the landlord to complete and serve the S21 properly as if they are not, the court can reject them - in other words, they fail to gain repossesion because the form was poorly filled in,etc.

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