section 21 struck out, won on appeal

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  • section 21 struck out, won on appeal

    Tenancy started 1st march 2007 ended 31st august 2007
    Served section 21(1)(b) 20th August 2007 giving 2 months notice to end 22nd October.

    Court struck it because it didnt fall on a rent day and said it should have been 31st October.

    Went to appeal court today and it has been now accepted and the tenant given 14 days to get out. Also got costs £150 + £40 (appeal cost) had to ask for it though.

    The judge didnt question it and it sailed through.
    Many thanks to Adrian at the Guild of Residential landlords couldnt have done it without him and he deserves a plug. www.allforlandlords.com

    What I dont understand is how can the original judge who sits on evictions (section 21's and section 8's) at least one maybe two days a week get something so fundamentally basic wrong.

    As I have said before some of these judges dont know their arse from their elbow.

    ITS FRIGHTENING

  • #2
    Well done! Notice was OK [s.21(1)(b)] because it gave T at least two months to go. It was served during fixed term, so no need [under s.21(4)(a)] for it to expire at end of a rent period. But why did you not argue this to original County Court judge?
    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
      I knew the tenant would'nt turn up to defend the original hearing and as (I though) it was so straight forward and a mandatory possession request I wasnt there either. You live and learn

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      • #4
        Funny enough the exact same thing happened to me.

        The judge said the S21 was invalid for the same reason. I politely suggested he might be wrong and read him S21 of the housing act in his chambers!

        He apologised and gave me 14 day possession!

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        • #5
          We are supposed to trust these people. I didnt think there was a grey area with s21 it is black or white.

          As i said before frightening

          Comment


          • #6
            A lesson to all - if you have a possession claim going on, make sure you're there, just to keep the judge on his toes and to make sure the other side doesn't sneak in with something wacky.

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            • #7
              Originally posted by Surrey View Post
              A lesson to all - if you have a possession claim going on, make sure you're there, just to keep the judge on his toes and to make sure the other side doesn't sneak in with something wacky.
              How can you be there if there is no hearing for section 21 when uncontested by tenant?

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              • #8
                Originally posted by johnboy View Post
                Tenancy started 1st march 2007 ended 31st august 2007
                Served section 21(1)(b) 20th August 2007 giving 2 months notice to end 22nd October.

                Court struck it because it didnt fall on a rent day and said it should have been 31st October.

                Went to appeal court today and it has been now accepted and the tenant given 14 days to get out. Also got costs £150 + £40 (appeal cost) had to ask for it though.

                The judge didnt question it and it sailed through.
                Many thanks to Adrian at the Guild of Residential landlords couldnt have done it without him and he deserves a plug. www.allforlandlords.com

                What I dont understand is how can the original judge who sits on evictions (section 21's and section 8's) at least one maybe two days a week get something so fundamentally basic wrong.

                As I have said before some of these judges dont know their arse from their elbow.

                ITS FRIGHTENING

                Totally agree. We had an LVT case, the judges never even prepared for the hearing and everything had to be explained on the day.
                Advertise your student property for free. No.3 on Google, 40,000+ students visitors per month:

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                • #9
                  Originally posted by Surrey View Post
                  A lesson to all - if you have a possession claim going on, make sure you're there, just to keep the judge on his toes and to make sure the other side doesn't sneak in with something wacky.

                  Another tip always prepare your case!!!! goes without saying really.
                  Going in there without a properly prepared case to put forward to the panel is asking for trouble.
                  Advertise your student property for free. No.3 on Google, 40,000+ students visitors per month:

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                  • #10
                    Originally posted by ah84 View Post
                    How can you be there if there is no hearing for section 21 when uncontested by tenant?
                    Therefore best for L to demand a hearing, even if uncontested by T, as this minimises possibility that Judge will wrongly reject application.
                    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).

                    Comment


                    • #11
                      Alternatively, second guess this and write a detailed explaination why you have not expired notice on a rent day on the s21.
                      All posts in good faith, but do not rely on them

                      * * * * * ** * * * * * * * * * * * *

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