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S21 Directions Hearing advice


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Hi

 

A Section 21 is **alleged** to have been served "personally" by my landlord. However, this was genuinely not received, and the date of alleged "service" is during a time when I was actually staying in a hotel in Birmingham, hundreds of miles away.

 

Anyway, I filled in the defence form and sent it back.

 

Got the following response from the court:

 

Before District Judge XXX sitting at XXX County Court

 

IT IS ORDERED THAT

 

Dispute as to service of NSP

List on notice ELH for 20 minutes for directions.

 

Hearing is set for XXXX at XXX at XXXX County Court.

 

Questions:

 

1) What is the aim of the directions hearing?

2) What outcomes can come from a directions hearing, can eviction or claim struck out be ordered?

3) What is NSP?

 

Thanks!

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I assume it is to determine whether s21 was properly served by hand and when.

If LL has proof (photos or ind witness statement) that Notice was served by putting it through your rented property letterbox then it will be deemed served. You do not have to have been in. Time & day of delivery will affect actual date of service ie after 4.30pm then served next working day.

The Court does not oder an eviction at this stage, only grants LL a repo order for a future date IF the s21 is valid. I would expect that to be at a new hearing, but go prepared.

If the s21 was not served correctly, Judge should direct it should be re-served. IMO

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  • 9 months later...

What grounds has the LL given in the section 21 notice, the whole matter will depend on this and determine if an appeal will be appropriate.

 

I went through this in 2010 and I appealed the notice, To simplify and answer your questions........ at the directions hearing (done by telephone) the Judge outlined what track my appeal would be heard under and what paperwork was required by the Court. My case was allocated to fast track and a two day hearing,

 

WD

 

WD

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