Council advice to tenants nearing S21 date – Help!
3 years ago | 85 comments
Defendant lied in his S21 defence – what to do?
9:44 AM, 11th September 2023, 3 years ago
15
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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Member Since April 2015 - Comments: 468
9:57 AM, 12th September 2023, About 3 years ago
Reply to the comment left by JamesB at 11/09/2023 – 20:11
Very strange that the tenant’s solicitor would bring up the fact that the tenant owed several thousand pounds. This would only be in favour of the Landlord but then, I have come across a lot of solicitors who have no clue including those who claim to be property law solicitors.
No offence to those good solicitors..
Member Since April 2022 - Comments: 132
2:01 PM, 12th September 2023, About 3 years ago
Reply to the comment left by Clint at 12/09/2023 – 09:57
It was something mentioned in passing along the lines of the tenant thinks that the deposit should be used to reduce the stated arrears of x thousand.
I won my case. Their “provided” solicitor was totally ignorant of the law.
Member Since August 2016 - Comments: 508
7:58 AM, 16th September 2023, About 3 years ago
Reply to the comment left by JamesB at 12/09/2023 – 14:01
“Horses for courses” springs to mind?
Member Since July 2020 - Comments: 95
12:19 PM, 22nd September 2023, About 3 years ago
Reply to the comment left by Blodwyn at 16/09/2023 – 07:58
If you use that cliché aloud, you’ve got to be really careful to enunciate it very clearly. Otherwise, you might get a response like this:
“Well, obviously they do – and the occasional donkey – but what does that have to do with it?”
Member Since November 2022 - Comments: 120
12:28 PM, 22nd September 2023, About 3 years ago
Reply to the comment left by Clint at 12/09/2023 – 09:57
None taken.