Can a Section 21 be contested or refused on any grounds
10:14 AM, 11th May 2014, 12 years ago
7
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Apart from filling the paperwork in wrongly or getting the dates wrong can a section 21 be refused on any other grounds, i.e. when it goes back to the tenant to ‘make a defence’?
Thanks
Claire
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Member Since January 2011 - Comments: 12217 - Articles: 1412
10:19 AM, 11th May 2014, About 12 years ago
Hi Claire
The short answer to your question is yes.
Grounds for appeal that I can think of off the top of my head are:-
1) Landlord didn’t protect a deposit within 30 days of the creation of a tenancy
2) Landlord didn’t issue prescribed information within 30 days of the creation of a tenancy
3) Tenancy agreement is not valid
4) Possession is sought prior to the end of the AST’s fixed term
5) Wrong type of notice was used, e.g. using a section 21 (4a) notice whilst inside the fixed period as opposed to using a section 21 (1b).
A judge also has the powers to grant a suspended possession order in certain exceptional circumstances.
.
Member Since June 2013 - Comments: 238 - Articles: 49
10:20 AM, 11th May 2014, About 12 years ago
There are some defences available to tenants but they are limited. Eg
That the tenancy is not an AST
That the notice was not served on the tenant (this is why you need to keep a proper record of service)
That the deposit was not protected in time
That the prescribed information was not served in time
The the property should have been licensed as an HMO but was not
etc
I cover all the defences here http://landlordlawstore.co.uk/accelerated-possession-defences/
Member Since January 2011 - Comments: 12217 - Articles: 1412
10:25 AM, 11th May 2014, About 12 years ago
Reply to the comment left by “Tessa Shepperson” at “11/05/2014 – 10:20“:
We must have been typing at the same time Tessa – great minds think alike! 🙂
.
Member Since May 2014 - Comments: 7
12:38 PM, 11th May 2014, About 12 years ago
Reply to the comment left by “Tessa Shepperson” at “11/05/2014 – 10:20“:
Thank you. I don’t think I have fallen into any of those categories, however tenant could claim I didn’t serve the prescribed info in time….although I did. Fingers crossed
Member Since June 2013 - Comments: 238 - Articles: 49
8:13 PM, 11th May 2014, About 12 years ago
The way to avoid that happening is to be very careful when serving these documents to ensure that you will be able to prove it later. I always think service by hand with an independent witness is best.
Moreover if your tenant KNOWS that you have had an independent witness there when you served – they are not going to raise that defence.
Member Since May 2014 - Comments: 7
8:18 PM, 11th May 2014, About 12 years ago
Reply to the comment left by “Tessa Shepperson” at “11/05/2014 – 20:13“:
if it got thrown out on that issue what would be the next step?
Member Since June 2013 - Comments: 238 - Articles: 49
8:38 PM, 11th May 2014, About 12 years ago
Start again.
If it is failure to serve the prescribed information, then you would have to serve it, making sure you kept a proper record, and then start another court claim. This is bad news of course as you would waste a lot of time. And you may be ordered to pay their legal costs.
And of course they may want to try to claim the penalty for non service of the prescribed information …