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View Full Version : section 21 struck out, won on appeal



johnboy
28-01-2008, 17:53 PM
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

jeffrey
28-01-2008, 17:56 PM
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?

johnboy
28-01-2008, 18:04 PM
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

jghomer
28-01-2008, 20:05 PM
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!

johnboy
28-01-2008, 21:02 PM
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

Surrey
28-01-2008, 22:16 PM
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.

ah84
29-01-2008, 11:58 AM
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?

johngekko
29-01-2008, 12:02 PM
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.

johngekko
29-01-2008, 12:03 PM
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.

jeffrey
29-01-2008, 12:10 PM
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.

Bel
29-01-2008, 13:00 PM
Alternatively, second guess this and write a detailed explaination why you have not expired notice on a rent day on the s21.