Section 21(4) Court of appeal case

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  • tahmur
    started a topic Section 21(4) Court of appeal case

    Section 21(4) Court of appeal case

    I've done some research and I thought you guys might be interested.

    Please find link for the court of appeal case from 29 March 2006. Notting Hill Housing Trust v Rumus.

    The case is similar to mine in the sense the only argument is whether the s21(4) notice was valid.

    The county court judge found for the claimant, but the tenant appealed.

    The tenant's argument was that the wording used 'at the end of' in the notice should have said 'after'.

    The court of appeal found that 'at the end of' means the same as 'after' and so found for the landlord.

    In my case I used 'on expiry of' which means the same as 'at the end of', so hopefully my case will be okay. The judge has said in my court hearing letter that he is not satisfied with my wording 'on expiry of' - so hopefully this case will satisfy him.

    I would appreciate your thoughts.

    Thanks,

    http://www.bailii.org/cgi-bin/markup...method=boolean

  • tahmur
    replied
    Thanks for your thoughts.

    Is it worth me issuing another s21(4) on a without prejudice basis in case the judge still throws this one out, or could that work against me at the court hearing if the defendant produces it?

    Is it possible to issue a second notice on a without prejudice basis or will it automatically supercede the old one? Does anyone know any good lawyers I could ask to get confirmation, even if I have to pay them a small fee?

    Thanks.

    Leave a comment:


  • Esio Trot
    replied
    I see that this relates to your previous thread about this matter

    http://www.landlordzone.co.uk/forums...ead.php?t=6193

    From reading the judgement, I would make use of one example that Lord Justice Dyson gave:
    the soldiers came home "at the end of the war" means that they came home after the war had ended or after the end of the war. It does not mean that they came home at the split second when the enemy surrendered
    In your case, it is true that the soldiers came home on expiry of the last day of war. It does not mean at that instant.

    Leave a comment:

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