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S21 – Attending Possession Hearing

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Comments

  • mandm65
    mandm65 Posts: 556 Forumite
    martindow wrote: »
    Did the T sign something acknowledging receipt of the S21 or do you have some other evidence that it was served? May be they have disputed receiving the S21.

    Thanks for your input, we dont have T signing acknowlegement of the S21, in fact we dont have record of sending it eitehr hence we had to sign, believe, N215.
    martindow wrote: »
    It sounds to me as if the outfit you are using failed to let you know of the T's defence, no response was made to this defence and the judge then threw your claim out.

    Could you please eloborate on above?
  • mandm65
    mandm65 Posts: 556 Forumite
    thesaint wrote: »
    You need to upload it to an image hosting site, such as photobucket, and then insert the link to the image.

    [FONT=&quot]HOUSING ACT 1988[/FONT]
    [FONT=&quot]Section 21(4)(a)[/FONT]
    [FONT=&quot]Assured Shorthold Tenancy: Notice Requiring Possession: Periodic Tenancy[/FONT]

    [FONT=&quot](1) Name and address of tenant.[/FONT]
    [FONT=&quot]
    [/FONT] [FONT=&quot]To Tenant Name[/FONT]


    [FONT=&quot]Of address[/FONT]


    [FONT=&quot](2) Name and address of landlord[/FONT]
    [FONT=&quot]
    [/FONT] [FONT=&quot]From: owner[/FONT]

    [FONT=&quot]Of address[/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot](3) Address of dwelling.[/FONT]
    [FONT=&quot]
    [/FONT] [FONT=&quot]I give you notice that I require possession of the dwelling house known as ADDRESS[/FONT]


    [FONT=&quot](4) Date of expiry [/FONT]
    [FONT=&quot]
    [/FONT] [FONT=&quot]After 30th August 2015[/FONT]

    [FONT=&quot]Dated: 25th June 2015[/FONT]

    [FONT=&quot]Landlord[/FONT]


    [FONT=&quot](5) Name and address[/FONT]
    [FONT=&quot]
    [/FONT] Name
    [FONT=&quot]Addres

    [FONT=&quot][FONT=&quot]I [FONT=&quot]wo[FONT=&quot]u[FONT=&quot]ld not want to create anot[FONT=&quot]her a[FONT=&quot]ccount with another w[FONT=&quot]ebsit[FONT=&quot]e so i have copied the contents of the S21 above.
    H[FONT=&quot]AH[/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][/FONT]
    [/FONT]
    [FONT=&quot]
    [/FONT]
  • mandm65
    mandm65 Posts: 556 Forumite
    thesaint wrote: »
    I had this situation on the 8th July. The tenant made up a lot of lies on their defence, and didn't bother to show. The tenants defence was proved to be lies, but the judge still gave them an extra 2 weeks to leave.
    They are due out tomorrow, but I am confident they will go nowhere.

    BTW did your tenant leave?
  • martindow
    martindow Posts: 10,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mandm65 wrote: »



    Could you please elaborate on above?
    My suggestion was that maybe the company you are using was sent the T's defence, but has not passed this on to you or sent any response to it. Judges take a dim view of people who don't bother to respond and are likely to side with the tenant in your case.

    It is best to have some evidence that the S21 has been served. The simplest way is to post it first class and get a free certificate of posting from the PO. This is accepted as evidence of service two working days later. It is better than sending recorded where the T can refuse to accept it or it may not update on RM's web site as it should.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Your Sec 21 does not expire for another two and a half weeks. :huh:
    mandm65 wrote: »
    BTW did your tenant leave?

    As I suspected, no they haven't. Complete radio silence.
    It's not a priority, as the rent is still being paid.
    Well life is harsh, hug me don't reject me.
  • mandm65
    mandm65 Posts: 556 Forumite
    thesaint wrote: »
    Your Sec 21 does not expire for another two and a half weeks. :huh:


    oops, unsure what went wrong with the document, anyway dates on the notice were:

    (4) Date of expiry

    After 30th April 2015

    Dated: 28th February 2015
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 12 August 2015 at 6:37AM
    mandm65 wrote: »
    dates on the notice were:

    (4) Date of expiry

    After 30th April 2015

    Dated: 28th February 2015
    Courts are usually picky on dates so you need to have got them right. By my reckoning that's not two months. 28th Feb was a Saturday, plus you haven't allowed time for service, was it served by hand directly to the property?

    You have used a Section 21(4)(a) which is the periodic form of the S21. Was the tenancy periodic when the S21 was served. What date did the last fixed term end?

    Did you do all the deposit stuff right?

    G_M already asked these questions on 4th August above but you didn't answer.

    Also there seems to have been an assumption the tenants filed a defence yet the court and your "legal advisors" seem to be saying they didn't so perhaps the judge wasn't happy with your paperwork and there was no defence from the tenant? You really need to find out exactly what was filed.

    To get anywhere with this you need to be precise and organised (or leave it to your "legal advisers").
  • mandm65
    mandm65 Posts: 556 Forumite
    Thanks for yoru input, let me answer your question, unsure how i missed earlier!:o
    franklee wrote: »
    By my reckoning that's not two months. 28th Feb was a Saturday, plus you haven't allowed time for service, was it served by hand directly to the property?

    Notice was posted by Mrs and we did not keep a record of that, hence I believe N215.
    franklee wrote: »
    You have used a Section 21(4)(a) which is the periodic form of the S21. Was the tenancy periodic when the S21 was served. What date did the last fixed term end?

    There was/is only one contract, started back in 01/04/2008 and it was for one year.
    franklee wrote: »
    Did you do all the deposit stuff right?

    The contract does not mentioned any deposit taken
    franklee wrote: »
    G_M already asked these questions on 4th August above but you didn't answer.
    Like i said unsure how i missed that :cool:
    franklee wrote: »
    Also there seems to have been an assumption the tenants filed a defence yet the court and your "legal advisors" seem to be saying they didn't so perhaps the judge wasn't happy with your paperwork and there was no defence from the tenant? You really need to find out exactly what was filed.

    To get anywhere with this you need to be precise and organised (or leave it to your "legal advisers").

    I contacted the outfit aka legal advisers to contact the court and find out if tenants filed a defence, they told me that court informed them that it will take 10 working days to respond.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    mandm65 wrote: »

    The contract does not mentioned any deposit taken

    Did you take a deposit? What did you do with it?
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • mandm65
    mandm65 Posts: 556 Forumite
    HappyMJ wrote: »
    Did you take a deposit? What did you do with it?

    Like i said contract mentioned no deposit was taken.
    HAH
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