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S21 – Attending Possession Hearing
mandm65
Posts: 556 Forumite
My request for our tenants to vacate the property did not go down well and they refused to vacate the property but asked me to serve s21.
I have received a notice from the court to attend the Possession Hearing, unsure what to expect on the day hence looking for some help to prepare myself for the day.
cheers
I have received a notice from the court to attend the Possession Hearing, unsure what to expect on the day hence looking for some help to prepare myself for the day.
cheers
0
Comments
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What you can expect will depend on the manner in which the "request" you mention was delivered and how the subsequent S21 was also served.
I think more background is required here, unless you just want procedural generalities.0 -
A tenancy can only be ended is by the tenant or by a court. I'm not sure what kind of request you made for the tenants to vacate the property initially but providing you eventually issued a valid Section 21 correctly then there is no defence against it. The court will issue an eviction notice.
However, even if an eviction notice is granted the tenants still don't have to move out. They could stay there until bailiffs turn up and physically remove them from the property.0 -
Has the tenant put in a defence?0
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and was the S21 properly served, and valid?
Dates?
Deposit?0 -
jjlandlord,
there is no defence to a S21. It is simply a notice that the landlord wants his property back, no reason has to be given.
If the tenants do not leave when the notice expires the landlord applies to the court for possession. Provided it is correctly served the courts usually give the tenant 14 days to leave. If they still don't leave the landlord engages bailiffs (or sheriffs) to evict.
The only time a tenant can put in a defence is if a S8 (breach of tenancy) is served.
mossfarr0 -
thesaint,
that is only a defence against the timescale the tenant is given to get out. They have no defence against eventual eviction with a S21 notice.
mossfarr0 -
True that no reason has to be given.jjlandlord,
there is no defence to a S21. It is simply a notice that the landlord wants his property back, no reason has to be given.
False that there is no defence.
Tenant can challange the S21 by entering a defence for the court to consider.0
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