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Responding to form N244 by defendant

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  • Responding to form N244 by defendant

    hi
    i am the claimant and have got an outright accelerated possession order for my two tenants to leave. They did not leave the property when the courts ordered them to. I have applied for a warrant of possession.
    After all the deadline, One of the defendants has now applied to the courts on Form N244 saying that the section 21 was invalid and want the case to be struck out. The evidence they have stated in section 10 of the Form are untrue.
    Firstly, do they have a case to defend now given that they have applied after 14 days had expired, as stated on the order.
    If so, Should I send a statement to the courts to defend their claims for the judge to look at.
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  • #2
    Difficult to say without knowing their grounds or what their application says.

    They may have grounds to challenge the warrant, they may have grounds to challenge the 21 notice, again I don't know
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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