S.21 Claim Struck Out - Why?

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    S.21 Claim Struck Out - Why?

    I've just received a strike out judgement on a S.21 possession claim 'Notice fails to give 2 months notice' and I can't understand the reason for the decision

    Here's the details:

    6 month AST dated 01/11/2014
    S.21(1)(b) dated and signed as received by Tenant on 01/03/2015
    Date of Expiry 30/04/2015

    The claim is dated 21/04/2016
    Served on 30/04/2016
    Request for possession order dated 16/05/2016

    Can anyone please advise if there's anything wrong with this?

    #2
    Could it be something to do with the date on which the monthly rent payment is due?

    Comment


      #3
      Because it does not give 2 months notice...

      Comment


        #4
        Originally posted by Chicimonki View Post
        6 month AST dated 01/11/2014
        S.21(1)(b) dated and signed as received by Tenant on 01/03/2015
        Date of Expiry 30/04/2015
        s21 served 01 Mar, expiry date 30 Apr which is not 2 clear cal months

        The claim is dated 21/04/2016
        Served on 30/04/2016 claim started before expiry of s21 (23:59:59 30 Apr)
        Request for possession order dated 16/05/2016
        Can anyone please advise if there's anything wrong with this Wrong dates used?
        Typical miscalculation of dates required.

        Comment


          #5
          Sorry, omitted to mention - the Notice states 'DATE OF EXPIRY after 30/04/2015' - so that would make 2 clear calendar months (as after is 01/05/2015)

          The claim was started on 26 April 2016 almost 1 year following S.21 expiring after 30 April 2015. I think the Judge made the same mistake.

          Comment


            #6
            Did your tenant put up a defence, or did the judge come to this decision all by himself?
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              Just the judge - do you think he's wrong?

              Comment


                #8
                Originally posted by Chicimonki View Post
                Just the judge - do you think he's wrong?
                Yes. I do. Maybe you can go in and see the clerk, and point out the error.
                To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                Comment


                  #9
                  I have looked at this for a while and can't see any error, as Jko says take it back to court office and please keep us posted.
                  Any advice I give is my opinion and experience, I am as you also learning.

                  Comment


                    #10
                    It's possible that the court overlooked the year.

                    But it is also possible that they did not count the day the notice was served as part of the notice period.

                    Comment


                      #11
                      Thanks very much JKO and sunnyp. I just needed someone to confirm the judge's made an error (and I'm not going crazy!). I'm going to send an email now to request the judge reconsiders his decision. I'll also phone/go the court on Tuesday. Thanks again!

                      Comment


                        #12
                        Originally posted by jjlandlord View Post
                        It's possible that the court overlooked the year.

                        But it is also possible that they did not count the day the notice was served as part of the notice period.
                        I think I have that covered too as the Tenant signed the Notice as proof of service.

                        Comment


                          #13
                          Originally posted by Chicimonki View Post
                          I think I have that covered too as the Tenant signed the Notice as proof of service.
                          Well, no. If they did not count the date of service as part of the notice period then the notice period was less than 2 months.

                          Comment


                            #14
                            OK, thanks, I'll let you know .............

                            Comment


                              #15
                              How can the date of service possibly be counted? It isn't a complete day so the notice wasn't for 2 complete months.

                              I think the judge got it right.

                              Comment

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