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Section 21 challenge

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  • Section 21 challenge

    Asking for a friend, her landlord tried to force himself into the property and was harassing her to leave but she didn't allow him in when he came uninvited and called the police. But she said she didn't want to take it further as she didn't want to get evicted. But after the police incident he hired an eviction company who supplied her with a section 21 no fault eviction and he now seems to be evicting lawfully.

    Question is can she challenge this? The fixed time of her tenancy is over but can she challenge on the grounds that he was harassing her and tried to force enter? Can she put in a counterclaim for the harassment? She's put up with alot of stress from this landlord and his harassing behaviours so as to maintain a roof over her head but he's evicting her anyway so she wants to hold him accountable. Will putting in a counterclaim pause the eviction?

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  • #2
    She may or may not have counterclaims for harrassment, but in general a landlord who takes the s21 process properly will succeed. It is in the nature of an assured shorthold tenancy that either side has the right within the rules to bring it to an end.

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    • #3
      Since the police incident he has stopped harassing her and now doing things legally. She doesn't want to leave but he has been trying to evict her since she complained of disrepairs. She feels its unfair that she has to uproot all because of his ego but understands he is within his rights to evict her legally with the section 21 without a reason.

      Prior to the legal eviction process he has bullied and stressed her alot to leave and she wants to at least hold him accountable for this. If she puts in a counterclaim she's anxious to know what will happen? The 2 month notice is nearly up and she hasn't found elsewhere to stay so he will be proceeding with the court part of it, she's told to put her counterclaim in then but what can she expect will this also pause the eviction? Or will she have to move first then put in a counterclaim?




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