Court Proceedings Prior to the end of a fixed term

whatajoke2016

thesaint wrote: »

Why is there a hearing?

Because the LL submitted proceedings for an accelerated possession claim under Section 21 albeit prematurely prior to the fixed term ending.

I defended the claim with a defense form and now a hearing has been allocated for 15 minutes as it is a private landlord

thesaint

It will be interesting to hear what the judges says.

Guest101

The judge will say, case dismissed


Costs awarded in favour of the tenant.

whatajoke2016

the judge ruled in favour of the landlord and granted posession of the property within 14 days.

I defended the case myself based on
1. The individually negotiated clause being unclear (basically gobledy-goop) in the tenancy agreement for the individually negotiated clause of the break clause.
2. Never having been given any deposit information prescribed years ago.
3. No landlord licence.
4. Proceedings being invalid as commenced prior to end of fixed term.

JUDGE RULED:

1. based on probabilities, that the break clause to be held valid and notice being valid for Section 21(b) Chitty on contracts used by claimants
2. Documents were produced that showed my signature on two occasions. The documents are forgeries.
3. Landlord licence had been applied for in Sept 2015 but not GRANTED. The judge ruled that there is a huge backlog in licencing and this would not be factored into the decision. My defense stated that a landlord must have been GRANTED a licence to issue section 21 proceedings and that a licence can be REFUSED.... A backlog of a year hardly seems appropriate.
4. The Section 21 notice reads on 25th May 2015... OR the end of the fixed term. This would imply the notice gives a choice but who the notice gives a choice to.... seems to be both parties to select which they would like. Even the landlord and due to point 1 of the break clause being held in effect despite not being worded in any order and having words missing.....


APPEAL has now been filed for the above based on documents being forged and possibly for refering to criminal proceedings.

Miss_Samantha

A property is not deemed unlicensed if an application for a licence has been made and is still being processed.

whatajoke2016

Miss_Samantha wrote: »

A property is not deemed unlicensed if an application for a licence has been made and is still being processed.

The LL Applied for a licence... two months later the council served two notices for cat 1 and 2 hazards... property was not fit for human habitation...

Should one still be granted a licence when this is the whole point of having licence schemes?

Miss_Samantha

whatajoke2016 wrote: »

The LL Applied for a licence... two months later the council served two notices for cat 1 and 2 hazards... property was not fit for human habitation...

That's not the point.

Guest101

whatajoke2016 wrote: »

the judge ruled in favour of the landlord and granted posession of the property within 14 days.

I defended the case myself based on
1. The individually negotiated clause being unclear (basically gobledy-goop) in the tenancy agreement for the individually negotiated clause of the break clause.
2. Never having been given any deposit information prescribed years ago.
3. No landlord licence.
4. Proceedings being invalid as commenced prior to end of fixed term.

JUDGE RULED:

1. based on probabilities, that the break clause to be held valid and notice being valid for Section 21(b) Chitty on contracts used by claimants
2. Documents were produced that showed my signature on two occasions. The documents are forgeries.
3. Landlord licence had been applied for in Sept 2015 but not GRANTED. The judge ruled that there is a huge backlog in licencing and this would not be factored into the decision. My defense stated that a landlord must have been GRANTED a licence to issue section 21 proceedings and that a licence can be REFUSED.... A backlog of a year hardly seems appropriate.
4. The Section 21 notice reads on 25th May 2015... OR the end of the fixed term. This would imply the notice gives a choice but who the notice gives a choice to.... seems to be both parties to select which they would like. Even the landlord and due to point 1 of the break clause being held in effect despite not being worded in any order and having words missing.....


APPEAL has now been filed for the above based on documents being forged and possibly for refering to criminal proceedings.

I can only suggest that you defended this poorly, did you provide a full witness statement including laws and sections ( and case law )?

whatajoke2016

UPDATE:

The documents that were used to show that prescribed information was given (inclusive of a deposit protection certificate) were forged and not signed by me.

On one of the days, I was out of the UK demonstratable by a booking email for a flight to Germany covering 4 days with work.

On the first day claimed, I was in the property and not at the branch to sign anything. The above one alone confirms mal practise

An appeal was submitted with a request for an appeal as appeal was denied and an application to stay the execution of eviction until the appeal hearing.

I received two days ago a notice that there will be an appeal hearing soon and that my appeal and stay has been granted.

Whilst this is merely delaying the inevitable, it is avoiding the £500 costs that were of submitting the court case for the Section 21 Accelerated Claim for Possession, and gives me more time to find a suitable replacement property.

However some reference companies are requiring a landlord reference, so it seems as though if you have a bad time by a landlord who didn't want to repair a property and is now evicting you in a retaliatory manner, you have no recourse to move into another property without their help.

Guest101

whatajoke2016 wrote: »

UPDATE:

The documents that were used to show that prescribed information was given (inclusive of a deposit protection certificate) were forged and not signed by me.

On one of the days, I was out of the UK demonstratable by a booking email for a flight to Germany covering 4 days with work.

On the first day claimed, I was in the property and not at the branch to sign anything. The above one alone confirms mal practise

An appeal was submitted with a request for an appeal as appeal was denied and an application to stay the execution of eviction until the appeal hearing.

I received two days ago a notice that there will be an appeal hearing soon and that my appeal and stay has been granted.

Whilst this is merely delaying the inevitable, it is avoiding the £500 costs that were of submitting the court case for the Section 21 Accelerated Claim for Possession, and gives me more time to find a suitable replacement property.

However some reference companies are requiring a landlord reference, so it seems as though if you have a bad time by a landlord who didn't want to repair a property and is now evicting you in a retaliatory manner, you have no recourse to move into another property without their help.

On what grounds was an appeal granted? Since my understanding is that appeals look into the application of law, not evidence.


Why did you not dispute this with your own evidence at the initial hearing?