Section 21 notice and Landlord

[labman]

Re: Section 21 Notice and Court date (but have already left property!)

Best of luck for tomorrow. I've only really read this thread properly tonight, though have dipped into it previously. I hope all goes well for you! :beagle:

[PlanB]

Re: Section 21 Notice and Court date (but have already left property!)

the form they submitted to the court was a N5 claim form for possession of property it also has in brackets (the claimant is also making a claim for money)

Were you served with a Section 8 Notice (specifically for your rent arrears) before you were served with the N5 claim Form. If not then the Landlord's claim should be dismissed for procedural errors. This is a different notice from the Section 21 Notice (for possession) which you say you got.

[PlanB]

Re: Section 21 notice and Landlord

this is the email that we received from the landlord regarding the withdraw of the court hearing.

"We hope you have settled into your new flat and managed to get all those boxes unpacked!

As Meleza discussed with you on Monday, at the exit inspection, we are now able to withdraw the 11 October Court case against you.


We now need to address the £1950 rental arrears. We are hoping that you will continue weekly payments beginning tomorrow as you discussed with Meleza on Monday , to prevent us from small claims court proceedings. Please call or email / text to discuss how we should proceed."

we then replied thinking him and also offered to pay him the full deposit once relesed along with £50 a week and sometimes more depending on how my week went.

i didnt have any reply to this and then 5 days later i received this email.

"Paul,

We have consulted our legal team at legal4landlords with regards to our current situation of the outstanding £1950 rental arrears.

The court hearing will be going ahead..

Did you continue with the weekly payments?

That first email definitely says that the Landlord will discontinue the case. If you'd posted that on here when you got it I would have advised you to send a copy to the court to place on your file. Take it with you today to show the DJ. Make three copies. One for you, one for your opponent, and one for the DJ. Give the agent from Legal4Landlords a copy before you go into court and explain that is why (plus the fact you've already vacated the property) you will be asking for the case to be struck out/dismissed/adjourned/vacated/whatever.

The second paragraph is evidence that an agreement/settlement has already been reached so the hearing is wasting the courts time. If you've made those weekly payments you will have a good chance of escaping a CCJ. If you haven't and you've got a grumpy DJ then tug at his heart strings with your sick partner story

The bottom line is you have vacated the property and reached a settlement on the rent arrears already. The Claimant (Landlord) knows this.

When you arrive at the court ask to see the Duty Solicitor. They can represent you in court for free. There is usually one floating around on the Housing Day (repossession are usually heard on certain days of the week).

GOOD LUCK !

[woodymanuk]

Re: Section 21 notice and Landlord

got to be quick as leaving soon, we didn't get served with a section 8 notice and only got served with a section 21 (4)(a) notice.

[PlanB]

Re: Section 21 notice and Landlord

I nearly forgot. Take a copy of your tenancy agreement with you (3 copies would be good and there'll be a photocopying machine at the court). Check the clause on rent arrears and what it says about collection of rent arrears. Although a DJ can override your AST in some circumstances, today he may be looking for a loophole on your behalf if he likes the look of you

[PlanB]

Re: Section 21 notice and Landlord

got to be quick as leaving soon, we didn't get served with a section 8 notice and only got served with a section 21 (4)(a) notice.

:high5:

Make that clear to the DJ. If he doesn't take notice of this legal point then you may be able to appeal his judgement (if he gives one). I wouldn't tell the agent about that before you get into court so he doesn't have time to think of an answer. Spring it on him in front of the Judge

:juge:

[woodymanuk]

Re: Section 21 notice and Landlord

Just a quick update re the outcome.

The case was adjourned in our favour, we don't have to pay any fees or charges.

We we agreed to pay £200 a month plus hand over the full deposit - what was what we offered befor the hearing to what was not replied to.

It took a total of 15mins and the judge didn't seem to happy that we was wasting his time.

So the result was - NO CCJ NO CHARGES AND FEES and the same as what we offered.

[wales01man]

Re: Section 21 notice and Landlord

RESULT!

[MissFM]

Re: Section 21 notice and Landlord

Brilliant Woodman! Well done you and PlanB! x

[PlanB]

Re: Section 21 notice and Landlord

Just a quick update re the outcome.

The case was adjourned in our favour, we don't have to pay any fees or charges.

We we agreed to pay £200 a month plus hand over the full deposit - what was what we offered befor the hearing to what was not replied to.

It took a total of 15mins and the judge didn't seem to happy that we was wasting his time.

So the result was - NO CCJ NO CHARGES AND FEES and the same as what we offered.

That's ****ing brilliant

We have a swear filter on here so you won't know what I actually said but I think you can guess.

[PlanB]

Re: Section 21 notice and Landlord

the judge didn't seem to happy that we was wasting his time .

I hope the judge was unhappy with the Claimant/Landlord not you! That'll teach him to try to bully you.

Justice was done today :cheer2: :cheer2: :cheer2:

Next time (let's hope there won't be a next time) don't leave it so late for advice. I've got my blood pressure to consider :faint:

[woodymanuk]

Re: Section 21 notice and Landlord

Yeah don't worry I don't aim to have a next time.

I just wish I could be there to see there face regarding the outcome.

Just need to say a big THANK YOU to everyone for all there help especially to Plan B you are a star and couldn't have done it with out all your advice.

[PlanB]

Re: Section 21 notice and Landlord

Just a quick update re the outcome.

The case was adjourned in our favour, we don't have to pay any fees or charges.

Pop back next week to check out the wording on that order when it arrives in the post.

It will either say something like "adjourned to the next available listing date" or "adjourned generally with liberty to restore" which means if you fail to keep to the agreement your Landlord could apply for another hearing. Judging by today's outcome he would be a fool if he did.

Since you weren't order to pay costs your Landlord will have to pay Legal4Landlords' bill too

[PlanB]

Re: Section 21 notice and Landlord

Just need to say a big THANK YOU to everyone for all there help especially to Plan B you are a star and couldn't have done it with out all your advice.

[EXC]

Re: Section 21 notice and Landlord

Haven't followed this thread but well done woodymanuk and nice work Plan B.