Section 21 – I kid you not!

Section 21 – I kid you not!

10:23 AM, 9th February 2023, About A year ago 34

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Hello, I issued a Section 21 Notice to my tenant in December 2021. A consistently bad payer, he had until February 2022 to vacate. He chose not to, knowing full well he could appeal.

The appeal was heard at Willesden County Court. I, foolishly as it turned out, thought I could represent myself. It was a no fault eviction, after all.

I was not looking for the outstanding rent – thousands of pounds – I simply wanted my flat back.

The court sat in early September 2022. By now my tenant had decided not to pay his monthly rent. The judge was in a big hurry. He looked at my tenancy agreement which clearly stated there was NO deposit (long story) and had been signed as such by my tenant.

But amazingly, in my opinion, the judge decided that there might have been a deposit and that this maybe deposit should have been protected by a Tenancy Deposit scheme. I objected forcefully at effectively being called a forger/liar by the judge.

He relented and gave both me and my tenant 1 month to supply further evidence. I did and showed evidence. My tenant did not.

Trial No 2 was set for a few days ago, 3rd Feb.

Low and behold, with 3 days to the court case, for which I had engaged a barrister, the judge postponed until 16th FEB 2024.

That’s a year away and over 2 years from the date of the initial Section 21.

What sort of English justice is this?

I have been totally s*****d by both my tenant and by the County Court judge who thinks that he is allowed to not only invent evidence to benefit the tenant but to kick my case into the long grass. I kid you not.

Section 21. Not worth the paper it’s written on!!!!!


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11:13 AM, 9th February 2023, About A year ago

I really feel your pain! It’s so frustrating and incredibly unfair!


11:14 AM, 9th February 2023, About A year ago

OMG! I feel so sorry for you because I know what you are going through.
Your case reads a bit like mine.
I served a s21 in Feb 2022 and met all the requirements. I used a s21, despite the tenant being a few thousand in arrears and having basically wrecked the house, as I have 4 children and a busy life and I wanted it to be quick and easy and didn't want the hassle of court. Ha ha!
The tenants filed an illiterate, irrelevant defence and so my county court decided it needed to go to a hearing. I guess because they couldn't find the time to read the defence because there was NOTHING valid in it? Cue the wait until Jan 2023.
I also decided to represent myself. I got away with it and got a possession order by the skin of my teeth. It still haunts me.
Both the judge and tenant's solicitor got hung up on an out of date epc even though epc isn't even a requirement for s21 on a pre 2015 tenancy. Neither of them knew that and I would have lost had I not been able to quote the 2021 court of appeal case which the judge had never heard of but actually bothered to look up. It took 3 attempts to pursuade her to do that though.
The defendant's solicitor then tried to claim that although CP12s had been carried out every year with boiler services, they hadn't been given the paper copies. I even had the tenants' signatures on several cp12s and emails sending them,but again gas safety certs are not a s21 requirement on pre 2015 tenancies and I had to explain this too.
My judge was also very moody and angry. When we went in she said "I've had a bad day. Why are we even here? This had better not take more than 10 minutes " Then she wouldn't let me speak. It was a Friday afternoon and I felt like I was about to be railroaded into my case being dismissed on a technicality. Had I not spent solid days preparing and getting up at 4am all week reading law and various cases I have no doubt that I would have lost.
To be honest, I spent £355 and several hours preparing for that 10 minutes. I did everything right and that attitude along with constant mistakes by the courts it is not ****ing good enough. It then turns out that a possession order means nothing anyway as I am now on the next stage, with growing arrears.
A paranoid person might think that "they" are out to get rid of landlords!

David Houghton

11:17 AM, 9th February 2023, About A year ago

Been there, fighting a Disablity discrimination case. Tenant said she wasn't paying her rent because she was abused as a child. Thus could spend it all on booze. I won in the end, but it took a while

Steve Masters

11:19 AM, 9th February 2023, About A year ago

The UK court system is broken.
And that's one of the many reasons
[to be read in the voice of Duncan Bannatyne] " I'M OUT"
and I'm selling up.

Kate Mellor

12:15 PM, 9th February 2023, About A year ago

That is HIDEOUS! Does your barrister say you have no recourse but to wait the 12 months? I presume you have now served a section 8 notice for rent arrears?


12:36 PM, 9th February 2023, About A year ago

Just re-read that you said Feb "2024"and not delayed by 2 weeks! Surely that is an error by the court? If not, that is scandalous.

Kate Mellor

12:39 PM, 9th February 2023, About A year ago

Reply to the comment left by JamesB at 09/02/2023 - 12:36
I agree James, it must be an error.

Phone the court and question it. It would be awful if you later found out the case was heard without you!

Luke P

13:39 PM, 9th February 2023, About A year ago

If the Courts are THAT far behind in order for the new date (is there even a reason), then they've no hope of an effective s.8 system (requiring a Hearing in all cases) when Govt's repealed s.21...!

Mek Kah

13:40 PM, 9th February 2023, About A year ago

Double check its not an error. If not, can you discontinue the case and start again? might be quicker.

Judith Wordsworth

13:41 PM, 9th February 2023, About A year ago

Reply to the comment left by Steve Masters at 09/02/2023 - 11:19
Me too

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