Judge Throws Out Section 21 Bizarrely?

by Readers Question

8:37 AM, 1st May 2019
About 2 years ago

Judge Throws Out Section 21 Bizarrely?

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Judge Throws Out Section 21 Bizarrely?

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.

Simon


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Comments

Ian Narbeth

10:46 AM, 2nd May 2019
About 2 years ago

Reply to the comment left by Simon Hall at 02/05/2019 - 09:23Simon
Much as it appears you have not had justice, complaining is likely to be a waste of time. If every complaint of a judge's decision was investigated the courts would do nothing but deal with disgruntled litigants trying to get a second bite of the cherry. Unless the judge has been biased or excessively rude I doubt you will get anywhere with a complaint against him. If you dispute the decision then appeal it but as indicated in my earlier post, that is not the best way forward.
The court manager's conduct is unprofessional but unless you have recorded the conversation (for which you will be criticised if you did it secretly) or another person was listening in, you are unlikely to get anywhere going to the Ombudsman. It's a classic: "He said, she said" over whether you shouted.

David Price

11:22 AM, 2nd May 2019
About 2 years ago

Reply to the comment left by Simon Hall at 02/05/2019 - 09:23
This is a completely new tactic. Accuse someone of shouting, whether true or not, and use that as an excuse to disallow any complaint. I must remember this deceitful tactic.
Simon your next move should be to send the email by recorded delivery. The court manager - i use the word euphemistically - then cannot then deny receipt. She may still not act on the complaint but at least you have a robust audit trail before your next move.

Luke P

12:06 PM, 2nd May 2019
About 2 years ago

Legislation incorrectly enforced is surely justice denied, no? Are we really saying there's nothing anyone can do?

Simon Hall

12:09 PM, 2nd May 2019
About 2 years ago

Reply to the comment left by David Price at 02/05/2019 - 11:22
Thanks David. I also asked for tape recording of our conversation (with Court manager) and she stated, I have decided not to release it and it is my executive decision.

Simon Hall

12:10 PM, 2nd May 2019
About 2 years ago

Reply to the comment left by Ian Narbeth at 02/05/2019 - 10:46
Thanks Ian. What about £355 fee I paid, for what?

Ian Narbeth

12:19 PM, 2nd May 2019
About 2 years ago

If I could wave a magic wand I would but the reality is that you may well spend more in time and money than it is worth trying to appeal.

As to your reply to David, if the court do have a transcript then I would consider a complaint to the Judicial Conduct Investigations Office. In the first instance I would write to the manager, setting out your version of the exchanges between you, stating that you did not shout at her and that the recording will prove it. Ask her to provide a copy of it and warn her that she must not wipe the recording as you will be taking up the matter with the JCIO. Ask for a full reply within 21 days.

Please note you have only three months from the incident to complain to the JCIO.

Chris @ Possession Friend

14:21 PM, 2nd May 2019
About 2 years ago

Reply to the comment left by Ian Narbeth at 02/05/2019 - 12:19
Simon,
Submit an N244 ( cost £255 ) for the dismissal of your case to be heard by a District judge.
ALL Landlords should be writing t their MP's about the absence of a Complaints process for the judiciary.
Those who apply the law ' shouldn't be above it '

Martin S

9:29 AM, 4th May 2019
About 2 years ago

Four or five years ago, I took an Agent to Court, for having recklessly put a tenant in a property of mine, who subsequently stopped paying, and did a midnight flit. Turns out that the Agent had found the tenant another property after her 'disappearance'! The new Landlord can't have been informed of this tenant's background.
The Court papers were served on the Agent, who didn't respond at all within the 14 days required. As the law stands, this automatically means that the case would have been found in my favour, and the case closed. Despite this, and backing from my MP, the Judge allowed the case to continue, and my correspondence wasn't answered.
At the start of the Court case, I pointed out that legally, this shouldn't have got to this stage, so why did it? I pointed out the MP's involvement, and he was hugely dismissive, and basically viewed the MP with scorn. He angrily said that he wanted to see justice done! (Obviously both members of the same 'club'). Result? The Agents was told to pay back my tenant finding fee, and that I should pursue the tenant!
Once you try to make a complaint against a Judge, you are seen as taking on the establishment. I wrote to the place in London that appoints Judges, to complain against this decision, and his behaviour, and guess what? My complaint wasn't upheld, even though he was technically wrong!
My view of the law changed forever on that day. Never believe that you will receive a fair hearing. There are other forces out there at play.

AJ

11:49 AM, 4th May 2019
About A year ago

Mmmm a lot of comments saying tough luck, put up with it and move on, and then we wonder why landlords are continually being beaten up.

So we either stand up and fight, or continue to drop our pants and take what’s coming.

Gromit

16:16 PM, 4th May 2019
About A year ago

Reply to the comment left by AJ at 04/05/2019 - 11:49Complain to your MP, and demand they write to the Justice Secretary, David Gauke.

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