3 years ago | 45 comments
Hello, There is an existing Section 21 which has been contested and waiting to go to court.
My question is: Can a landlord issue a new section 21 that will running simultaneously with the old Section 21?
If the first one fails because the tenant has lied, the second section 21 will not have to wait another three months.
What will happen?
Will the judge dismiss first section 21?
Thank you,
Mr O
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Member Since January 2020 - Comments: 559
12:47 PM, 10th March 2023, About 3 years ago
I don’t see why not, but one for a lawyer really. You can choose which one you can rely on (in case of any uncertainty on dates, for example).
A former business partner of mine (a chartered surveyor) acted as arbitrator in a case where the landlord had served numerous notices to quit (for technical reasons). The arbitrator then determined which, if any, were valid and could be relied on. I’d suggest that the same principle applies here; however, there may be a quirk to recent law on this.