Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 2 weeks ago 69
I served Section 21 on 14th September 2018 as I needed possession of the property. The tenant was in Periodic Tenancy as the original tenancy was signed on 15/05/2014 and expired on 14/05/2015. The purpose of highlighting these dates is to exhibit that Tenancy Pre-dates Deregulation Act October 2015.
As the tenancy was signed before aforementioned Act, at the time of signing Tenancy I did not serve EPC nor did I serve How To Rent Guide”. I checked my position with one of leading barristers who specialises in Housing Law who confirmed that there was No requirement to issue above documents due to the fact it pre-dates deregulation Act however as a form of good practice before I lodge claim to Court, I should nonetheless serve both aforementioned documents to tenant. I complied with barrister’s advice.
I then had second opinion from one of renowned Landlord Association who confirmed above and further advised that, I should stipulate on claim form that, the tenancy pre-dates deregulation Act 2015 however I have served both documents to tenant before service of claim to Court.
Tenant filed NO defence. I asked the Judge to make the make order with costs. After months of waiting and chasing I received a letter from Court stating that District Judge is NOT satisfied (NO reason given on letter) and listed the case for hearing for 30/04/2019.
I attended the Court today with David (from Property118 member) who accompanied me as a Mackenzie friend despite the case was listed for hearing for 15 minutes. Upon arrival, Judge said take a seat, confirmed my name and stated that your “Section 21 is invalid” I asked the reason and he responded that EPC and How To Rent Guide should have been served on tenant before Section 21 was served. I recall I made representations that, this Tenancy pre-dates deregulation Act 2015 however he responded, late last year the Law changed which means it applies on all Tenancies regardless of when they started and responded with smirk that I dismiss you case and stamped his file.
I asked whether I can appeal, he responded “I DO NOT GIVE CONSENT TO APPEAL”. I said I will raise a complaint he stated, it was not my decision, it was Circuit Judge’s decision I am only delivering the message and unfortunately, you can not raise a complaint against Circuit Judge” I asked what my options were? He again responded with smirk ” Serve Section 21 and start all over again”
I have now again spoken to Barrister briefly as well as Landlord association and both of them confirmed that Judge reached a wrong decision on 2 counts.
a) Old Tenancies Pre-deregulation October 2015 are not affected by the new Rules.
Even if they are which they do not agree with then the Section 21 was served in September 2018 therefore even if I was subject to New Rules then this would only be possible if I served Section 21 after New Rules came in force October 2018.
Any input will be greatly appreciated.
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