Advice on CCJ after section 21 and section 8?
3 years ago | 22 comments
Section 21 – I kid you not!
10:23 AM, 9th February 2023, 3 years ago
34
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!!!!!
TJP
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3 years ago | 16 comments
Bad tenants, worse politicians, S21 – is it over for landlords?
4 years ago | 17 comments
Member Since November 2015 - Comments: 584
12:03 PM, 10th February 2023, About 3 years ago
Reply to the comment left by Thomas O’Mara at 10/02/2023 – 11:36
Wow, I don’t know what to say to that! It really is a postcode lottery isn’t it?
Member Since October 2022 - Comments: 85
12:11 PM, 10th February 2023, About 3 years ago
Reply to the comment left by Hardeep Sohal at 10/02/2023 – 11:48
Clearly you case was not heard at Willesden County Court
Member Since November 2015 - Comments: 584
12:23 PM, 10th February 2023, About 3 years ago
Reply to the comment left by Thomas O’Mara at 10/02/2023 – 11:48
Not usually, however rent arrears IS a mandatory ground and there are no prerequisites to service as there are with S21, that’s not to say there aren’t ways to f*** with you, there are, and it will definitely involve a hearing, but you literally have nothing to lose at this point.
Best of all, you only need to give two weeks notice and not two months for rent arrears!
When they slam the door, go through the window!
Not literally of course cause that’s B&E…
Member Since October 2022 - Comments: 85
12:34 PM, 10th February 2023, About 3 years ago
Reply to the comment left by Kate Mellor at 10/02/2023 – 12:23
Thank you
Member Since August 2022 - Comments: 1
1:58 AM, 11th February 2023, About 3 years ago
It’s getting to be like India … tenants have all the rights !
Member Since June 2020 - Comments: 4
7:08 AM, 11th February 2023, About 3 years ago
That judge is absolutely disgraceful. Why on earth would you postpone the case for another year knowingly that the tenant has not being paying the rent! It seems the judge and system has complete apathy for landlords.
Member Since December 2022 - Comments: 27
7:18 AM, 11th February 2023, About 3 years ago
Reply to the comment left by Thomas O’Mara at 10/02/2023 – 12:34
I advise against ground 8 because if the tenant files a counterclaim you will head to a one day trial in 1.5 to 2 years. It is very risky.
With the section 21 claim either get a solicitor to write to the court asking for the date to be brought forward with reasons or do it yourself. It is the listing officer who will decide when cases are scheduled usually.
Good luck.
Member Since February 2023 - Comments: 2
9:25 AM, 11th February 2023, About 3 years ago
Unfortunately the system is morally and professionally bankrupt.
Member Since February 2023 - Comments: 2
9:34 AM, 11th February 2023, About 3 years ago
Reply to the comment left by HQ Cheltenham at 11/02/2023 – 09:25
It ultimately will have a negative impact on tenants.
Member Since February 2023 - Comments: 87
10:11 AM, 11th February 2023, About 3 years ago
Replying to Hardeep. How long did it take and how much did it cost you, if you don’t mind me asking?