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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1943
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Is there a defence against Section 21? Landlord has been

Resolved Question:

Is there a defence against Section 21? Landlord has been causing harrassment for at least half of my two months notice after issuing Section 21. I have now received a Claim for Possession and am filling in the Defence section to ask for postponement (ie more time) - mainly because the harrassment disrupted my life so much I couldn't concentrate to organise a move. I have included a diary of events in my request for more time. Does the harrassment invalidate the Section 21? And if not, what is to stop them giving me further harrassment if I am allowed extra time to get moved please?
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. The only way to challenge a Section 21 notice is if it is incorrect or invalid.

In relation to the harassment, if this continues you could consider obtaining an injunction against the landlord, which will be a further court application.

You should be aware that even when the possession order is granted, you do not legally have to move out and it will be for the landlord to apply to court for a Notice of Eviction which gives you a specific time and date that you must move out by, and if you don't move out by the date stated in the Notice of Eviction then a bailiff can remove you.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 6 months ago.
Thank you. You answered my question the other day about applying for more time. I've now completed the forms to return. I've already had an injunction! Prior to the Section 21 being issued. Landlord's Barrister asked Judge for an undertaking to the court and the Injunction was discharged. Landlord then issued correct Section 21 but for about a month of that two month's notice I have had continued harrassment - very loud music being played next to the wall (LL lives next door), people looking through the window and giving unpleasant looks. I decided to ignore it and try and focus on getting moved but ran out of time. So maybe I need to ask for another injunction? Or ask to reinstate the original one (It said I could go back within a year when it was discharged) - but this would all delay me trying to get moved. Just wondered if the Judge could order a furtther period of notice if there had been harrassment.
Customer: replied 6 months ago.
The Claimant's address is the wrong one on the Claim form, would that make it invalid? The address he has put on the claim form is the one where he lived when the tenancy was issued, not where he lives now.
Expert:  Harris replied 6 months ago.

I am afraid that the harassment cannot be used to change the notice period under the Section 21, however, if an undertaking was given by the landlord, which is being breached then you will have grounds to apply to court for breach of the injunction.

The incorrect address will also not invalidate the claim.

Customer: replied 6 months ago.
Thank you - so that would be a separate thing (applying to the court for the breach of the "undertaking") and not something to bring up if there is a possession hearing?
Expert:  Harris replied 6 months ago.

You can apply for it to be heard at the possession hearing and the court will consider the application then.

Harris, Law Specialist
Category: Law
Satisfied Customers: 1943
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you. So if there isn't a possession hearing (Landlord has ticked box to say if extra time is asked for he doesn't want a hearing), then I would need to apply for one.
Expert:  Harris replied 6 months ago.

Yes, but you need to check the terms of the undertaking to see if landlord has breached it

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