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Blonde
28-02-2006, 18:38 PM
I received a judgement today from the court re the section 21 notice I was served in January 2004 which was then re-served on me several weeks ago (I posted on here and got some great help).

On my behalf, my solicitor defended the proceedings. The defence was that after the notice was served, they continued to accept rent from me and increased the rent on 2 different occassions.

The judgement states that the judge is NOT satisifed that the letting agency are entitled to accelerated possession and has struck their claim out.

We thought there would be a hearing but he has made a decision without needing a hearing.

I have found another flat and have put a deposit down and am waiting for the building to be completed on it.

What will the letting agency now do?

davidjohnbutton
28-02-2006, 22:34 PM
There was an interesting reply to a similar question about the length of validity of S21 notices in Tessa Sheppersons site at https://www.landlordlaw.co.uk/qa.ihtml?id=4&catparid=4&step=6
see the fifth question down.

I think despite my original thoughts, the judge in Blondes case must have been thinking that the notice of increase and acceptance of rent at the increased level on two occasions since service of the s21 notice must over-ride it as a new contract. I am not convinced the judge is correct - if a S21 notice remains valid sine die, how can anything other than a fresh contract negate it?

Blonde
01-03-2006, 19:56 PM
It was a fresh contract. The rent clause had changed. It stated 195 to start with and then had 3 increases, 2 increases since the notice was served.

there was no hearing. He merely read the papers and decided this.