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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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It is ordered that: Claim struck out. The claim has

Customer Question

It is ordered that:
Claim struck out.
The claim has been signed by a person not authorized to conduct litigation under the legal services act 2007.
The section 21 Notice gave less than 2 months notice and is therefore invalid.
The property is located in an area for licensing under part 3 of the housing act 2004 and no licence has been produced. Paragraph 6 of the N5B is not correctly completed.
This order has been made by the court of its own motion under the case management powers set out in part 3 of the civil procedures rule 1998. Any party affected by the order may apply under rule 3.3(5) to have it set aside, varied or stayed provided that any such application is made to the court no more that seven days after the date on which this order was served on that party.
Served a section 21
Paid £280 to the court.
Filed a N5B form.
Submitted: 10 months ago.
Category: Property Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know about this please?
Alex
Customer: replied 10 months ago.
HI Alex,Thank you for your quick reply.Considering that £280 has been paid to the courts, are we able to put this on hold until;1. We serve the correct Section 21 with the correct dates and give two clear months notice.
2. Provide the court with the license.If we are able to put this on hold what is the process.Also,The courts have mentioned ''The claim has been signed by a person not authorized to conduct litigation...'' This is the first time i have got such a response. The landlord has provided me with a letter to deal with all their property matters including evicting tenants.Thank you,Kassam
Expert:  Ash replied 10 months ago.
Sadly not, your claim has been struck out, if you didn't give a section 21 notice with two months then the whole claim is invalid. You can't get it stayed as the whole claim is invalid. You have to start fresh proceedings.
The landlord can't give you authority, you either need to be the claimant or a qualified solicitor or barrister. By signing the particulars of claim you are acting as agent and it is illegal for anyone other than a qualified lawyer to sign a statement of truth and be bound by it.
Therefore either the landlord or legal representing must sign the claim form.
Does that clairfy?
Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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