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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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e are in the process of filing in the defence form in response

Customer Question

Hi
e are in the process of filing in the defence form in response of a claim form for possession of property which was served on 05 February 2015.
It appears that the land lord has given incorrect information regarding when the initial tenancy began.
My questions are as follows
1) Does completing one defence form cover both my husband and I
2) We believe that there is a hardship issue, as I am recovering from breast cancer and had a major operation in November and and have not worked for two years. if possible it would be a great help if you could assist in the answering of question 10 on the defence form regarding asking the court to postpone possession because we would suffer exceptional hardship. we are not looking for more than 42 days postponement.
Many Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am solicito oth over 20 years experience. I will try to help you with this.

Customer:

What sort of tenancy do you have? Hen did you move in and when does the landlord say the tenancy commenced?

JACUSTOMER-49r329aj- :

AST

JACUSTOMER-49r329aj- :

we moved in in January 2006 but landlord says February 2007

JACUSTOMER-49r329aj- :

hi are you still with me

JACUSTOMER-49r329aj- : Hello,
JACUSTOMER-49r329aj- : hello
JACUSTOMER-49r329aj- : can I have an answer please
JACUSTOMER-49r329aj- :

hi are you trere

Customer:

Ys I am here , but working around other commitments. When did the fixed term expire?

JACUSTOMER-49r329aj- :

31 January 2015

JACUSTOMER-49r329aj- :

sorry , a little stressed out over this !

Customer:

So has he served a Notice seeking possession and if so when and when does it/did it expire?

JACUSTOMER-49r329aj- :

31/01/2015 SECT 21 EXPIRES

JACUSTOMER-49r329aj- :

CLAIM FOR POSSESION SERVED ON FEB 5

JACUSTOMER-49r329aj- :

NEED YOUR EXPERTISE IN WORDING OF THE RESPONSE TO QUESTION 10 ON THE DEFENCE FORM , WE ACCEPT WE ARE LEAVING BUT DUE TO MY ILNESS IE BREAST CANCER & THE FACT THAT I HAD A MAJOR OP IN NOV 2014 & HAVE NOT FULLY RECOVERED . SIMPLY , IF WE CAN ACHIEVE THE 42 DAYS HE COURT CAN ALLOW ,THAT ALLOWS ME TIME TO RECOVER FULLY FRO THE OP . LAST 3 YEARS IVE HAD 3 MAJOR OPS ALONG WITH SEVERAL MONTHS OF CHEMO & RADIO THERAPY . IVE COME THROUGH ALL THIS , JUST NEED TO SECURE THE POSTPONMENT OF POSSESION .

Customer:

Check your s21 notice against this Shelter checklist. Especially look at the part about deposits. Has he complied with this? If not you have a total defence ot his claim. https://england.shelter.org.uk/__data/assets/pdf_file/0009/386451/Is_your_section_21_notice_valid_Jan2014.pdf

JACUSTOMER-49r329aj- :

HELLO PLEASE ALLOW ME TO BE CLEAR , THATS ALL EEN DONE . THE ONLY HELP I NEED FROM YOU AS I SAID PREVIOUSLY IS THE WORDING OF MY RESPONSE TO QU 10 ON THE DEFENCE FORM , NOTHING ELSE . ARE YOU ABLE TO DO THIS FOR ME ?

Customer:

It is always worth checking the whether the NoSP is valid or not. If it isn't you don't have a problem.

Customer:

Please can you copy me the question you refer to. It is likely to be the same as always but just in case please do si. I will get back to you this evening as I am in court his afternoon.