How do you defend an invald Section 21(b)

whatajoke2016

I have been issued with a section 21(b) on March 18th.
The fixed agreement expires on 30th June 2016.
the Gov UK website says that tenants on a fixed term cant be evicted until then even with a two month minimum notice.

The section 21 states the wrong name
The landlord has not protected my deposit
At the time of issue, the landlord didnt and does not have a landlord licence

I have read that sometimes there is no hearing for a section 21 and an application to gain possession of a property.... What do i do?

whatajoke2016

"For Section 21, there isn't always a hearing. The court can use the accelerated possession procedure to make a decision without a hearing. This speeds up the eviction process when tenants don't send a defence form to the court

If the court decides you should leave, your landlord can apply to the court for bailiffs to evict you.

It's against the law for your landlord try to evict you themselves or harass you."

This is on the main site... so will I be sent a defense form the moment that a court proceeding is issued?

Pixie5740

Does your landlord need a licence? Is that a requirement of the local council?

What is the expiry date on the Section 21 notice?

I imagine that to defend an incorrectly issued Section 21 you just file your defense and show the incorrect name, date (if applicable) and raise the fact your deposit hasn't been protected (double check this) when it gets to court.

Your landlord might have messed up this time but sooner or later he will (probably) get it right. Depending on what outcome you want defending the Section 21 just buys you more time.

See Ending/renewing and AST for further information.

pmlindyloo

Does your landlord need a licence because of the regulations in your borough?

Like this:

https://www.newham.gov.uk/Pages/Services/Private-rented-property-licensing.aspx

Go and get some professional advice as if this is the case then there are different things that need dealing with.

Guest101

You reply on the paperwork you receive regarding the court date.

thesaint

There is a good chance that the court will pick out that the Sec 21 is invalid, and dismiss it.

If not, you as the defendant can put in a defence as to why it is invalid.
I would only put in one of the reasons as to it being invalid, and hope I can use another reason on the next attempt by the landlord.

When did the tenancy start?
When does the Sec 21 expire?

How "wrong" is the name?

chris_m

thesaint wrote: »

There is a good chance that the court will pick out that the Sec 21 is invalid, and dismiss it.
If not, you as the defendant can put in a defence as to why it is invalid.
I would only put in one of the reasons as to it being invalid, and hope I can use another reason on the next attempt by the landlord.

However, the OP needs to bear in mind that, eventually, the landlord will get it right - so they do need to start considering their options for finding somewhere new.

whatajoke2016

Chris.... By the time that the landlord does get it right, I can then go to my plan B which is civil litigation to recover costs, damages, and plenty of other things amongst breach of contract.

The SAINT - The name is wrong in that the first name is entirely different from that of the lease holder and not the correct name of the landlord but rather something people call him or know him as. This is a legal document and this technicality is important.

PMlindlyloo - The landlord DOES need a licence in the borough that I live in .. in South London

The heartfull dog - Yes. It seems to be that way of being unclear. The only clarity I could find in written is as per the gov.uk website to show that a section 21 "Fixed-term tenants can’t be evicted until their tenancy ends. If the fixed term has expired the notice must end on the last day of the rental period." I am a fixed term assured short hold tenant

thesaint

chris_m wrote: »

However, the OP needs to bear in mind that, eventually, the landlord will get it right - so they do need to start considering their options for finding somewhere new.

Maybe, maybe not.

theartfullodger

whatajoke2016 wrote: »

Chris.... By the time that the landlord does get it right, I can then go to my plan B which is civil litigation to recover costs, damages, and plenty of other things amongst breach of contract. ...

What actual financial loss have you suffered?? Doubt you'd get anything else...
...

....The heartfull dog - Yes. It seems to be that way of being unclear. The only clarity I could find in written is as per the gov.uk website to show that a section 21 "Fixed-term tenants can’t be evicted until their tenancy ends. If the fixed term has expired the notice must end on the last day of the rental period." I am a fixed term assured short hold tenant

heartfull dog eh? Well, that's a new one..
.
Trusting gov.uk on matters of law may likely lead to disappointment or worse...

Miss_Samantha

whatajoke2016 wrote: »

The heartfull dog - Yes. It seems to be that way of being unclear. The only clarity I could find in written is as per the gov.uk website to show that a section 21 "Fixed-term tenants can’t be evicted until their tenancy ends. If the fixed term has expired the notice must end on the last day of the rental period." I am a fixed term assured short hold tenant

Yes, a landlord cannot get possession under s.21 when a fixed term tenancy is in existence. Only after that tenancy has ended.