Defendant lied in his S21 defence – what to do?

Defendant lied in his S21 defence – what to do?

9:44 AM, 11th September 2023, About 8 months ago 15

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Hi, I have a PCOL (Possession Claim Online) claim for a failed section 21 in progress. The defendant filed his defence but it is not the truth.

He claimed he had paid rent arrears, but the payment was never received. He also claims section 21 was never received – I have proof of postage and signature to say he did.

Later in his defence, he acknowledged receiving the section 21, questions why it did not mention rent arrears, and lastly he claimed to have 6 children, when he only has 5 children. (I have my suspicions he is subletting/letting to extended family to reside at the address since early 2022).

Obviously, I have proof of everything I am saying but he will be unable to prove any of his defence.

What can or should I do?

Can I ask court to dismiss his defence?

Thank you,

Zoe

 


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Comments

Craig Vaughan

9:57 AM, 11th September 2023, About 8 months ago

He's going nowhere. He's made that clear with his actions
You don't use S21 for rent arrears, you use S8
In the current climate this is going to drag on and on if he fights it
Are you sure all you tenancy paperwork is in order - your 'how to rent' booklet, the EPC, the deposit paperwork,the proscribed information etc. If any of that is broken, so is your S21
The best advice? Give him a grand in his hand. Give him his last month's rent back. Give him his deposit back. If he leaves
You'll save time, money and aggro....

Blodwyn

9:59 AM, 11th September 2023, About 8 months ago

How to flush out the truth and apply to dismiss a defence are technical issues on which you would be wise to seek legal help unless you are up to speed with Court procedures. I'm not sure the Court staff will be allowed to tell you which is the best route, other than process what you want to do.

Sukhjinder Sanghera

10:05 AM, 11th September 2023, About 8 months ago

Each time I have issued a section 21 it has ended up going to a hearing. Tenants have always fabricated some sort of defence and then never turned up at court to back up their claims.
The last time I asked the judge what was the point in me issuing a no fault eviction when it always ends up needing a hearing. His reply was that if the admin staff see that the tenant has written something in the reply box on the form, no matter what it is, it will always automatically go to a hearing.

Viral Shah

10:29 AM, 11th September 2023, About 8 months ago

I would suggest filing a witness statement along with all supporting documents and leave it to the Judge to decide. Try finding a template of that statement and make sure a copy is also served upon the tenant alongside the court. Good luck 👍

Blodwyn

10:33 AM, 11th September 2023, About 8 months ago

That indicates that the 'old' system of the admin staff running it past the Judge on his desk for a dose of common sense no longer happens?

Teessider

11:24 AM, 11th September 2023, About 8 months ago

Reply to the comment left by Blodwyn at 11/09/2023 - 10:33
Contact an eviction specialist.

Rent arrears are not relevant for Section 21.

I would not pay them to leave and I would chase any losses via Section 8 or MCOL (subject to best advice from my eviction specialist (I’d use Mark at AST Assistance).

I believe courts have been briefed to frustrate all possession hearings.

Clint

12:55 PM, 11th September 2023, About 8 months ago

Reply to the comment left by Teessider at 11/09/2023 - 11:24
I generally send the following documents (most of which have to be ticked on the N5b form as included) with wording as shown below as the first page of my bundle for a section 21 possession application to the court and it generally all goes smoothly. One has to obviously got to be meticulous in getting the evidence during the tenancy.

Dear Sir

Please find 3 copies of the following:

1. Form N5B – Claim Form For Possession of Property Located in England

2. Copy of Tenancy Agreement marked “A”

3. Copy of Notice saying possession was required marked “B”

4. Proof of Service of Notice Requiring possession marked “B1”

5. Copy of Deposit Certificate marked E

6. Copy of Energy performance certificate marked “F”

7. Copy of Gas Certificate marked G

8. Copies of Gas Certificates marked G1, G2 & G3

9. Copy of document – “How to rent: the checklist for renting in England” marked “H”

10. Copy of evidence to show Defendant received documents in 6, 7. and 9. Marked “I”

11. Copy of evidence of serving Deposit Certificate, Prescribed information & “Information for Tenant’s leaflet marked “K”

12. Cheque for £355

Name of Landlord

Blodwyn

12:58 PM, 11th September 2023, About 8 months ago

Reply to the comment left by Teessider at 11/09/2023 - 11:24
'Briefing..', maybe that is the nature of the staff being recruited? The majority of these perennially poorly paid and demoralised people are tenants themselves and know life from their side of the bargain? Let's face it, some inner city landlords ought not to be!
I have little doubt the central message from Teessider is correct, especially if he lives anywhere near the city at the mouth of theTees!

David

13:34 PM, 11th September 2023, About 8 months ago

S21 is the no fault eviction and payment or otherwise of arrears is irrelevant. I wouldnt focus on the arrears iiwy as the judge may think you served the wrong notice.

JamesB

20:11 PM, 11th September 2023, About 8 months ago

Agree with others. When my section 21 was in front of a judge there was some comment made by the tenant's solicitor about the rent arrears (of several thousand).
Her immediate response:-
" I don't understand all this stuff about rent arrears, this is a s21 isn't it?"

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