Lost Possesion Case on a technicality
Possession - Section 8 and Section 21

0 Thanks
4 Posts
11 years ago
Hi all, just left court, be warned.
After following advise read and from local authority housing team our case was struck out on a technicality.

Having sought advice from the local authority,re rent arrears, a housing legal officer offered to complete a section 21 on our behalf to ensure all was done correctly and fairly.
She advised i serve the order by hand in front of a witness. I had already read similar on here. The property shares a letter box with my office into a communial hall, my secratary frequently receives parcels and signs receipts for the tenant, therefore a recorded delivery would be futile. The tenant was not in, the flat doesnt have a letter box so i posted it under the door in full sight of the witness.

Today after, postponements and requests for more evidence served in accordance with previous judges ruling. The Judge was not 'convinced' the order had been served in accordance with the Tenancy Agreement. (An RLA Agreerment). (obviously the tenant denied service)

After reading re reading me interjecting, he reads that the Order should have to be served through a letterbox or by hand (in person).
I argued that the order had been served by hand, at the property.
He maintained that the text was vague and that he interpreted by hand to mean in person, i said that many properties do not have a letterbox, he came back to say he felt that this is why the option 'by hand' was included, and that by hand that meant in person. I argued in person would have been in the text had it meant that, he came back stating the letterbox again!! he was apathetic towards me, i reiterated it was a matter of time and further costs which would be bourne on the tenant, he concurred and advised the tenant.
Needless to say i was gutted and fuming.

Therefore, take heed, either edit the text accordingly or serve as per the text.
I would have got judgement had i put it in the communal 'letterbox'!!

Lying Cheating @!&&&&&&&&&!!!!
So to the pub i go!

Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.