Ending Contract - 6 Month Contract

dranzer01

Of course what I am saying is irrelevant because its 'their property', but the landlord owns around 30 apartments in this building, so I am going to safely say they dont have a short penny

theartfullodger

dimbo61 said:

The Bank of England has raised interest rates eight times since December 2021 as it continues to battle soaring inflation. The latest increase was by 0.75 percentage points taking the rate to 3% – a level not seen since 2008.
.................

In November 1979 I had a for then large mortgage.  Under Thatcher's iron handbag BoE base rates went to 17% (see the historical rates here..). 
https://www.bankofengland.co.uk/boeapps/database/Bank-Rate.asp

Think I'd started the mortgage at about 10% some 12 months earlier.

That was painful (v lucky I didn't lose my job, relationship breakdown or serious illness.) 

Hoping it doesn't get that bad... 

dranzer01

canaldumidi said:

dranzer01 said:

Many thanks - 

They have now 'started court proceedings' - I am going to assume this in itself will take 2-4 months...?

When I receive court papers/have to go to court and I bring up the S21 was invalid, at what point/stance would it revert back?

And if the judge agrees its invalid and reverts back the whole process, they reissue the s21 which is 2 months notice, I can still technically stay in the property, carry on paying rent and then at the end of the 2 months they would have to start court proceedings again?

Correct..

I received court papers a few months ago (I believe it was in early December 2022), where I gave my responses and wrote about the notice being invalid etc. I also informed in the document that I have a medical injury.


Fast forward to January 10th 2023, I saw yesterday that I had court papers in my mailbox, whereby it says:

'Upon considering the claim on the paper pursuant to CPR.R.55.16(1) and the defence dated 6th December 2022 , and the court orders that:

1) The defendant give the claimant possession of 'address' on or before 27th February 2023

2) The date for possession may be varied when the judge considers the defendants request to postpone it

3) The defendants application to extend the time for possession is listed for hearing on 23rd February 2023


'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.



This was the information on the court letter I received yesterday. I was pretty shocked to see that the judge didnt see and/or consider that the notice that was served to me last year was served incorrectly and was invalid as per people's recommendations on this forum and external. 

propertyrental

I haven't re-read the thread but if the S21 was invalid then:

dranzer01 said:

canaldumidi said:

dranzer01 said:

Many thanks - 

They have now 'started court proceedings' - I am going to assume this in itself will take 2-4 months...?

When I receive court papers/have to go to court and I bring up the S21 was invalid, at what point/stance would it revert back?

And if the judge agrees its invalid and reverts back the whole process, they reissue the s21 which is 2 months notice, I can still technically stay in the property, carry on paying rent and then at the end of the 2 months they would have to start court proceedings again?

Correct..

3) The defendants application to extend the time for possession is listed for hearing on 23rd February 2023


'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.

a) apply for the order to be set aside within 14 days and
b) also give those reasons on 23rd Feb

dranzer01

propertyrental said:

I haven't re-read the thread but if the S21 was invalid then:

dranzer01 said:

canaldumidi said:

dranzer01 said:

Many thanks - 

They have now 'started court proceedings' - I am going to assume this in itself will take 2-4 months...?

When I receive court papers/have to go to court and I bring up the S21 was invalid, at what point/stance would it revert back?

And if the judge agrees its invalid and reverts back the whole process, they reissue the s21 which is 2 months notice, I can still technically stay in the property, carry on paying rent and then at the end of the 2 months they would have to start court proceedings again?

Correct..

3) The defendants application to extend the time for possession is listed for hearing on 23rd February 2023


'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.

a) apply for the order to be set aside within 14 days and
b) also give those reasons on 23rd Feb

Many thanks. How would I apply for the order to be set aside before? Or is this all to be done on the day of court? (Doesnt seem to say it on the document received)

propertyrental

dranzer01 said:

propertyrental said:

I haven't re-read the thread but if the S21 was invalid then:

dranzer01 said:

canaldumidi said:

dranzer01 said:

Many thanks - 

They have now 'started court proceedings' - I am going to assume this in itself will take 2-4 months...?

When I receive court papers/have to go to court and I bring up the S21 was invalid, at what point/stance would it revert back?

And if the judge agrees its invalid and reverts back the whole process, they reissue the s21 which is 2 months notice, I can still technically stay in the property, carry on paying rent and then at the end of the 2 months they would have to start court proceedings again?

Correct..

3) The defendants application to extend the time for possession is listed for hearing on 23rd February 2023


'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.

a) apply for the order to be set aside within 14 days and
b) also give those reasons on 23rd Feb

Many thanks. How would I apply for the order to be set aside before? Or is this all to be done on the day of court? (Doesnt seem to say it on the document received)

Where it says:

'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.

is there no other information? If not, call the court on Monday and ask. Court officials cannot give legal advice, but can and should explain process/procedure.

But if you received this on Jan 10th you may have missed the 14 day deadline.

dranzer01

propertyrental said:

dranzer01 said:

propertyrental said:

I haven't re-read the thread but if the S21 was invalid then:

dranzer01 said:

canaldumidi said:

dranzer01 said:

Many thanks - 

They have now 'started court proceedings' - I am going to assume this in itself will take 2-4 months...?

When I receive court papers/have to go to court and I bring up the S21 was invalid, at what point/stance would it revert back?

And if the judge agrees its invalid and reverts back the whole process, they reissue the s21 which is 2 months notice, I can still technically stay in the property, carry on paying rent and then at the end of the 2 months they would have to start court proceedings again?

Correct..

3) The defendants application to extend the time for possession is listed for hearing on 23rd February 2023


'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.

a) apply for the order to be set aside within 14 days and
b) also give those reasons on 23rd Feb

Many thanks. How would I apply for the order to be set aside before? Or is this all to be done on the day of court? (Doesnt seem to say it on the document received)

Where it says:

'Note: This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied.

is there no other information? If not, call the court on Monday and ask. Court officials cannot give legal advice, but can and should explain process/procedure.

But if you received this on Jan 10th you may have missed the 14 day deadline.

Apologies, that meant to say 'Fast forward to 10th February (yesterday).

The date on the court order that it was processed on was the 7th February 2023

dranzer01

The judge clearly did an oversight because the court response letter I received said 'I need to give possession to the claimant and I need to be out the property by so and so date'.

(But because I ticked in the defence form about having extra time to stay in the property, that was what the hearing was for. I actually thought the hearing was regarding the section 21 being invalid as I wrote that in the defence as well.)

The judge said she looked over it at the time of issuing the outright possession and she said in the courtroom 'it seemed fine', all the while I was sitting in the back with a confused look on my face...

After deliberation (and the judge, for some strange reason not understanding what I was saying about it being invalid - she was also the same judge who issued the outright possession order as well....), we reconvened and then she struck out the case and set it aside for the agency to start section 21 from scratch. She then wrapped it up and apologised at the end for wasting my time coming down here.

I couldn't believe it when it happened. Something so basic. How did you not see?