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

Simon Lever

19:18 PM, 6th May 2019
About A year ago

If the judge has erred as a clear matter of law then surely a compaint to the Lord Chief Justice, The Right Honourable The Lord Burnett of Maldon should be made.
If judges are not following the law then there has to be some form of redress, even if it is just complaing to their boss.
If the LCJ gets enough complaints about 1 judge he should surely take some form of action.
Don't mess around with the system - go straight to the top. It may take some time but eventually it will have an effect,

Joyjoy

9:08 AM, 9th May 2019
About A year ago

Is the tenant still being made to pay you rent, I hope so?

Joy

Ian Narbeth

9:44 AM, 9th May 2019
About A year ago

Reply to the comment left by Simon Lever at 06/05/2019 - 19:18
"If the judge has erred as a clear matter of law then surely a complaint to the Lord Chief Justice, The Right Honourable The Lord Burnett of Maldon should be made."
Sorry, Simon that's not how any criminal justice system works. The decision can be appealed and, if it is wrong, over-turned. You can complain about the judge's behaviour, language or conduct: https://www.gov.uk/complain-judge-magistrate-tribunal-coroner
Unless the judge has been rude, acted with impropriety or shown bias you are unlikely to get very far. If a judge's decisions are regularly over-turned on appeal the the LCJ might be interested but don't get the OP's hopes up that a complaint will achieve anything.

Chris @ Possession Friend

10:19 AM, 9th May 2019
About A year ago

Reply to the comment left by Simon Lever at 06/05/2019 - 19:18
Simon,
Would you please contact me to discuss your case further. Pro-bono - via
enquiries@PossessionFriend.uk

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