Tenant lied about receiving S8 Notice hearing adjourned?
S.8 Notice was hand delivered and also posted 1st class, proof of postage and pictures showing delivery by hand were submitted. The Duty solicitor quoted Enfield v Devonish (1996, CofA) which the Judge had not heard of and was clearly frustrated and said it is not in dispute that the notice was served but there is no evidence the tenant had sight of it. The case has been adjourned to allow evidence to be gathered and is now in a few weeks.
My tenancy agreement does not have a clause regarding service but I thought I could rely on the Law and Property Act, apparently not! The tenant’s daughter confirmed to me twice that her Mum had been given the notice, but the Tenant denied this.
The Tenant has not lived at the property for about 18 months, we have had no communication for 2 years, any contact has been with the adult children who are working and living in the house rent-free. The rent arrears are over 12 months.
I have spent days researching and have spoken to so many solicitors I’ve lost count, no one has heard of this case.
I’m hoping someone here has and can help.
LT
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Member Since January 2020 - Comments: 1102 - Articles: 1
10:06 PM, 9th March 2023, About 3 years ago
Reply to the comment left by I just want to sell up! at 09/03/2023 – 17:42
Thanks for the update. Did the tenant raise the same defence this time or just roll over?
Member Since February 2023 - Comments: 13
10:11 AM, 10th March 2023, About 3 years ago
Reply to the comment left by Seething Landlord at 09/03/2023 – 22:06
Same. Admitted receiving my witness statement and obviously the hearing notification as she was there but still denied receiving the S8 Notice.
Thank you for the link to the handout, I found it very useful.
Member Since January 2020 - Comments: 1102 - Articles: 1
11:43 AM, 10th March 2023, About 3 years ago
Reply to the comment left by I just want to sell up! at 10/03/2023 – 10:11
Sorry to persist when you probably want to put it all behind you, but how did the judge deal with the issue of her denial that she had received the S8 notice?
Member Since February 2023 - Comments: 13
2:29 PM, 10th March 2023, About 3 years ago
Reply to the comment left by Seething Landlord at 10/03/2023 – 11:43
In short the Judge didn’t. We were asking for the Court to dispense with notice on discretionary grounds, they were asking for an adjournment to allow for her to file a witness statement in reply to mine.
We asked for time to negotiate and about 30 minutes later we went to the Judge with a draft order which was approved.
Member Since January 2020 - Comments: 1102 - Articles: 1
5:51 PM, 10th March 2023, About 3 years ago
Reply to the comment left by I just want to sell up! at 10/03/2023 – 14:29
Thanks.