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30 month STA. Commencing 9 Feb 2008, expiring 8 Aug 2010.

 

Individually negotiated term:-

"The landlord and tenant are both able to issue 3 month notice in writing upon each other with notice being served on or before the anniversary of the tenancy commencement after the first six month period."

 

LA issued an S21 in October 2008 with expiry date of 8 January 2009.

 

CLAIM ONE

LA issued "N1 Claim Form" (ie an all-purpose claim form) in December 2008. On the front of the page, under "brief details of claim", they have written "rent arrears" and on the reverse of the claim after giving details of the arrears they have written "notice of possession has been served on Mr X to vacate on 8 Jan 2009."

 

This was defended because the claimant had made numerous errors on the claim and it was argued the S21 was wrong as it expired before the 12 month anniversary.

 

A hearing date is set for May 2009.

 

CLAIM TWO

LA issued "N5 Claim form for Possession of Property" in March 2009. On the reverse of the claim form under "grounds for possession" they have marked "rent arrears".

 

On the attached N119 "Particulars of Claim for Possession) they state

"On 28 January 2009 the claimant's solicitors served a notice exercising the break clause terminating his tenancy on 29th April 2009 by first class post. The claimant's solicitors further served a notice pursuat to S21(1)(b) of the Housing Act 1998 requiring possession of the property after 29 April 2009."

"If the Court must exercise its discretion in considering whether to grant a possession order, would the court have regard to the fact that if a possession order is not granted in these proceedgins then the claimant will commence new proceedings at the expiry of the S21 notice in any event which will result in unnecessary additional costs being incurred by both the claimant and the defendant. A copy of the letter date 28 January 2009 wtih attached S21 notice is attached."

 

A hearing date is set for April 2009.

 

1. The defendant did not receive this alleged letter of 28 January 2009 with S21 notice attached.

2. The 28 January 2009 letter exhibited with the court papers shows an S21 notice and an S8 notice (but it seems there is no mention of the S8 notice int he court papers)

3. Is it right to issue an S21 and S8 notice together?

4. Is is right to start two actions, both for rent arrears, against the same tenant? We assume Claim 2 was launched because they did not like the date allocated for Claim 1's hearing.

5. We would like to get Claim 2 kicked out as it is anticipated that funds to cover arrears will be available shortly.

 

Comments/ advice gratefully received.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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