S21 – Attending Possession Hearing

anselld

mandm65 wrote: »

So I leave it to the expert here to see where i stand, give me some pointers/perhaps how best to prepare myself for the hearing.

The best preparation is to be clear about the s21 details and the evidence of service. (which as far as I can see you have not done so far in this thread)

If there is clear evidence of correctly served s21 the the Court has no choice but to award possession. They may grant some time but that will be limited.

If you cannot produce evidence of a valid s21 being served then cut your losses and start again.

mandm65

Pixie5740 wrote: »

If I remember correctly from one of your previous threads you are trying to get rid of this tenant because his adult children moved in with him.

I must admit you have good memory.
I guess you could interpret that way, my point was that the tenancy agreement was with him (single occupancy) and his children moved with him without me being informed, guess no consent necessary. I guess I was naïve in my thinking that anyone above 18 living at the property must be named on the tenancy agreement.

Pixie5740 wrote: »

He claims this is because his health isn't great and given that his GP has confirmed he is receiving various treatments this could be true.

Unsure what are you implying here?

Pixie5740 wrote: »

Is this all really worth getting rid of this particular tenant? Better the devil you know and all that.
If you do want to continue down this route then you'd better hunker down. It sounds as though he is going for social housing which will take a while.

Yes i do need my house back.

Pixie5740

The point I was making was that the tenant saying his adult children had moved in to assist him since he has health issues is most likely true and that he wasn't lying to you.

Yes you were, at best, naive to think that the tenant needed to seek your permission or that anyone over the age of 18 had to be named on the tenancy agreement.

I hope you are trying to get the house back to live in rather than letting it to another tenant.

mandm65

anselld wrote: »

The best preparation is to be clear about the s21 details and the evidence of service. (which as far as I can see you have not done so far in this thread)

I thought i made it clear when the notice was served, 28th Feb, i would not want to lie that it was served earlier.

Tenant, in their defence, confirmed that it was received but saying it took 5 months for Royal mail to deliver.

anselld

mandm65 wrote: »

I thought i made it clear when the notice was served, 28th Feb, i would not want to lie that it was served earlier.

No. You said it was posted on 28th. That is not the same as being served.

Was it first class post?
Do you have proof of posting?
Even if yes to these the notice would not be deemed served until 3 March.
Are the s21 dates consistent with the tenancy and the date of deemed service?
Are all the other s21 details correct?
Was a deposit taken, protected and PIs correctly issued?

I am not suggesting you need to answer all these here but they are the sort of questions you will need to prepare to answer, with evidence, in Court.

Pixie5740

anselld wrote: »

No. You said it was posted on 28th. That is not the same as being served.

Was it first class post?
Do you have proof of posting?
Even if yes to these the notice would not be deemed served until 3 March.
Are the s21 dates consistent with the tenancy and the date of deemed service?
Are all the other s21 details correct?
Was a deposit taken, protected and PIs correctly issued?

I am not suggesting you need to answer all these here but they are the sort of questions you will need to prepare to answer, with evidence, in Court.

mandm65 wrote: »

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.

mandm65 wrote: »

I can confirmt that it was posted same day, 28th Feb and it was first class post.
HAH

So it was not served 28th February and the OP has no evidence to refute the tenant's claim that notice was not served until 10th July 2015.

mandm65

thanks Pixie for the above quotes, i can confirm that i have no evidence to refute the tenant's claim that notice was not served until 10th July 2015.

Do i need to send the response to alleged allegations to court now or i have to prepare and present my response to judge on the hearing day?

franklee

anselld wrote: »

No. You said it was posted on 28th. That is not the same as being served.

Was it first class post?
Do you have proof of posting?
Even if yes to these the notice would not be deemed served until 3 March.

Already asked by at least couple of posters, answered by the OP and the deemed service explained, see posts #43, #44, #45 and #47 on this page above. The OP isn't listening to this point so I feel we are wasting our time.

mandm65

franklee wrote: »

Already asked by at least couple of posters, answered by the OP and the deemed service explained, see posts #43, #44, #45 and #47 on this page above. The OP isn't listening to this point so I feel we are wasting our time.

I am not sure above is a fair reflection, i have answered the questions, despite posters asking the same questions, even Pixie5740 quoted my responses so seems unfair to say that the OP is not listening!

franklee

mandm65 wrote: »

I am not sure above is a fair reflection, i have answered the questions, despite posters asking the same questions, even Pixie5740 quoted my responses so seems unfair to say that the OP is not listening!

You posted today:

I thought i made it clear when the notice was served, 28th Feb, i would not want to lie that it was served earlier.

This despite a couple of us having already explained on 13th August that posting the notice is not the same day as service. Heck I even posted a link to Tessa's site explaining deemed service rules.

So YOUR NOTICE WAS NOT SERVED ON 28th FEB. YOU POSTED THE NOTICE ON THAT DAY. POSTAGE DAY AND SERVICE DAY ARE NOT THE SAME DATE.

Now I wish you good luck but I'm out as there is only so much banging head against brick wall I can do. Maybe you will listen to Pixie who made the smae point again today:

Pixie5740 wrote: »

So it was not served 28th February

^^^^ See ^^^