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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25430
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hello I served a section 21 notice to a tenant and followed

Resolved Question:

Hello
I served a section 21 notice to a tenant and followed up with a Claim for possession in the County Court.
The tenant filed a defence on the following grounds :

(1) Question 2 of the defence form N11B :
Do you agree with the date in section 2 of the Claim form when the claimant says the tenancy began?
They answered : No.
And they gave a date of 1 July 2012.

The date I wrote on the form was 19 June 2012 which was he date the agreement was entered into and signed though the tenancy commenced on 1 July 2012. The date 19 June 2012 is he date written against both mine and the tenant's signatures on the agreement.

(2) Question 3 of the defence form N11B : IF the Claimant has completed section 3 of the Claim Form, do you agree with what is said there ?
They answered : No.
And they wrote "The Claimant has failed to answer either/or question.

My thoughts :
On (1) The question was when we entered into the agreement. Is that the day we signed the agreement or the day the tenancy commenced. If my entry was incorrect, how do I rectify it?
On (2) The was "If the Claimant has completed..." meaning to me that I have the option of not completing it. If I was wrong, how do I rectify it.

Is it easier to file another claim with those two corrections as they have not raised any other grounds for defence?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask did you serve your s21 notice before or after the fixed period of the tenancy had come to an end?

Customer:

I served the s21 after the fixed period had ended. But I served it properly as required for a periodic tenancy, and they have not raised that as a grounds of defence.

Customer:

Hello

Customer:

Are you still there?

Joshua :

Sorry one of my colleagues locked the thread which prevented me from replying

Joshua :

Thank you. Could you tell me the date rent was payable each month under the tenancy?

Customer:

1st of the month.

Joshua :

Thanks. Can you tell me the date the s21 notice was served and the expiry date you gave for the day the tenant should vacate?

Customer:

Served on 13 Nov 2013, expiry date 31 Jan 2014.

Joshua :

Thanks. That all seems in order - thank you for bearing with the questions. These notices can easily be gotten wrong and I just wanted to ensure there was no weakness there...

Customer:

ok

Joshua :

Dealing with your specific question first:

Joshua :

Based on what you say the tenancy did begin on 1 July and in this respect the tenant would appear to be correct. The commencement date is not the date of the agreement but the date of the commencement of the term. Sometime these will be the same date but not in this case from what you say. However this should not defeat your possession claim as the notice appears to be in order. The court asks these questions in order to confirm your s21 notice is correct.

Joshua :

You should have crossed out the second part of question 3 on the claim form leaving the first section but again you should be able to ask the court for permission to amend the claim form. They should not prove overly difficult in this respect though it is the decision of the judge. Consider a letter to the court asking to amend the N5B claim form as above. Worst case you will be required to submit another claim form but I would expect the court to concede an amendment

Customer:

So what should write as counter to their defence on this point?

Joshua :

Accordingly you may wish to consider a submission to the court (copying in the tenant) conceding the points made by the tenant which do appear to be correct and asking the permission of the court to amend the claim form as above averring that the above are administrative errors and do not effect the substance of your claim which in important respects in law are correct in that your s21 notice was correctly served entitling you to possession under the Housing Act.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Should I do this on a particular court form. If so, which?

Joshua :

No you can simply prepare a "REPLY TO DEFENCE" setting out the claim number and the parties and the county court involved and simply prepare your responses as a series of succint numbered paragraphs finishing the statement by the words "I believe the facts in this my statement are true" and sign and date it sendind copies to both the court and other party.

Customer:

Ok. and this applies to the Either/Or question they sited as well?

Joshua :

Yes. In your reply you would need to clarify what you should have written on the claim form as discussed above and then go on to ask the court permission to amend the same on the above basis that the substance of your claim is in order.

Customer:

Do you mean I will have to send in an amended form with Response to defence, or do just say what the correct information is and ask the Court to use the correction in my letter?

Joshua :

Initially you should simply clarify what your responses should have been on a reply to defence. The court will either give permission for the claim form to then be amended or not.

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

Customer:

If they permit an amendment, would I then have to resubmit another claim form with the corrections?

Joshua :

No it would usually simply be a question of the court amending the claim form for you and continuing the claim from there.

Customer:

Ok thank you very much.

Joshua :

A pleasure. Good luck with your possession claim.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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