Landlord is serving an Accelerated Possession on s 21 after has withdraw a s 8 claim

Amanda3

Hi,

I am tenant in a property that seems to be a house with multiple occupation (however, officially at our Local housing office I am sharing with only another tenant but this last is with his boyfriend. There are 3 other tenants in the property but I am not sure they are known by the local authority or not).

I had an Assured Shorthold Tenancy Agreement that is now on periodic tenancy.

Few months ago I have made a complaint against my landlord for harassment and he tried to evict me under section 8 (and an invalid section 21) but at the court he has withdraw his section 21 possession claim and later (after I have sent a full statement to the judge) equally his section 8 claim (both were in the same form/claim).

This week I have received an accelerated possession claim from my landlord after he served me this time a section 21 notice.

The problem is that I am presently in my exams period and next month will start a trainee.

For my defence I would like to know if the followings are fine:

- Landlord had start down the section 8 route at his first claim, and also cannot back-out without the agreement of the court and myself (I obviously disagree).

- the property is a House with Multiple Occupation without a licence and also landlord cannot use the accelerated possession procedure. However I do not know how I can prove this even I know we are more than five persons living in the property.

- Due to a first invalid section 21 served two months ago (default in protection of the deposit) the landlord has sent me a cheque as a refund of the deposit at the same time that he has given me the new section 21 notice.
However, until today I have not deposited the cheque since I disagree with the fact that Landlord withdraw his initial section 8 possession because my defence claim started to be riskier for him. In addition, I believe that landlord should have left at least two or three days between the day he gave me the cheque (a cheque needs few days in order to be deposit and cleared at the bank) and the day he send the new section 21.

Amanda3

theartfullodger wrote: »

If S21 was sent with cheque then I think it would also be invalid as it would be served when you had not (YET) had deposit returned: Silly Landlord, should have waited a couple of days. Judge will decide if it gets to court.

I do not understand what you mean by "as it would be served when you had not (YET) had deposit returned". In my case the s21 was served on 25 march 2013 in an envelope stamped at the date of 25 march 2013 and the s21 itself is equally dated 25 march 2013. The s21 was accompanied by a letter of the landlord agent dated 22 march 2013 saying : "22 March 2013

Re: Section 21 Notice
Dear Ms xxxxx,

We act for your landlord and hereby enclose by way of service upon you a notice requiring possession under Section 21 of the Housing Act 1988.

This is served without prejudice to a Section 8 notice and we reserve the right to issue possession proceedings on the basis of the either notice.

Should you require clarification on any issue please do not hesitate to contact us."

A second envelope stamped equally on 25 march 2013 (same then the envelope for the s21) contained a cheque dated 24 march 2013 and a letter from the agent dated 25 march 2013.

I have received the two documents the same day.

theartfullodger wrote: »

However as an unlicensed HMO (if it needs a license) S21 will be invalid. How many occupants, how many stories??

We are 6 in the property : a couple sharing a room, myself in my room, another tenant in a room, and two brothers sharing a room. I don't think that except the couple and I the others tenants are known from the local housing office. In my statement previously sent to the court I had said that we are 6 in the property (it has not been denied by the landlord; instead he has just withdraw his first claim) but I am not sure that this first statement will be enough as a proof.

theartfullodger wrote: »

Was there a deposit?? Was it protected?? Were you served the "prescribed information".

It is the deposit that has been returned to me by cheque the same day they have sent me a section 21 notice (two different envelope stamped at the same day).

theartfullodger wrote: »

What were the EXACT dates of the initial fixed term & what is the EXACT wording of the expiry date of the S21 (eg "after 16th August 2013" or "16th August 2013").

The section 21 was dated 25 march 2013 with an expiry date of "31 st May 2013 or, if later, the day on which a complete period of your tenancy expires next after the end of two months from the service of this notice"

theartfullodger wrote: »

How was S21 served on you (eg email, in person, by post...)

The S21 was served by post.

Amanda3

There is just groundfloor and first floor (i believe by story you mean floor).

The agent has added a certificate of service stating the Section 21 has been served "by first class post or other service which provides for delivery on the next business day".

Amanda3

But how relevant is the landlord "Certificate of Service" since it seems that they are trying to adjust the dates on this last document? They are saying in the document that the notice was served on 25 march 2013 while the date of the letter written by the agent is 22 march 2013 (they have not provided a copy of this letter their claim).

G_M

The original S8 and S21 now appear to be history. Ignore them.

The deposit was presumably returned to you because it had not been registered?

The fact the S21 was served at same time/before the deposit was returned may invalidate the new S21. Only a judge can decide.
* show the dates on the envelopes.
* point out a cheque take 5 working days to clear, so you did not receive the money till 5 days later
However, the judge might give the landlord the benefit of the doubt

* I assume the new S21 gives you 2 months notice, and has correct dates?
* If valid, correctly served, and judge accepts the deposit issue, then the LL would get possession

Will the other tenants agree to let you have photocopies of their tenancy agreements? or write witness statements for the court? Or attend? This would prove it was an HMO.

Amanda3

G_M wrote: »

The original S8 and S21 now appear to be history. Ignore them.
The deposit was presumably returned to you because it had not been registered?

The prescribed documents were not provided and deposit was not protected.

G_M wrote: »

The fact the S21 was served at same time/before the deposit was returned may invalidate the new S21. Only a judge can decide.
* show the dates on the envelopes.
* point out a cheque take 5 working days to clear, so you did not receive the money till 5 days later
However, the judge might give the landlord the benefit of the doubt

The cheque dated 24 march 2013 was stapled on a letter (that they have provided as a proof) dated 25 march 2013. The certificate of service provided by the agent said that they have served the notice on 25 march 2013.

G_M wrote: »

* I assume the new S21 gives you 2 months notice, and has correct dates?
* If valid, correctly served, and judge accepts the deposit issue, then the LL would get possession

This seems correct, but the problem I had clearly explained him that the notice will end during my exam period all he said is that "it is exactly what he want".

G_M wrote: »

Will the other tenants agree to let you have photocopies of their tenancy agreements? or write witness statements for the court? Or attend? This would prove it was an HMO.

The other tenants are friends with landlord and also against me. I can prove that there are several persons by taking photo of their letters for example. I had notified in the previous court claim (in my witness statement) that we are several in the property. In fact I have email sent to landlord that equally prove there are at least a couple, myself and another tenant.

Amanda3

Will these documents be enough to prove it is an HMO?

lighting_up_the_chalice

I would concentrate on the pending eviction first. The rest can wait.

Amanda3

lighting_up_the_chalice wrote: »

I would concentrate on the pending eviction first. The rest can wait.

But they seem to be linked.

G_M

You have at least 2 months before the LL can make an application to the court (accelerated or otherwise).

If, during this period, you convince the council that the property should be registered as an HMO, you will then be able to present this to the court.

lighting_up_the_chalice

Amanda3 wrote: »

But they seem to be linked.

I don't know how. The properties status as a HMO, or even the number of other tenants and their relationship with the landlord, makes no difference to the S21.