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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I served a Section 21 (4) (a) notice on my tenant and when

Resolved Question:

I served a Section 21 (4) (a) notice on my tenant and when it expired, I applied to the Court for possession and a possession order was granted. I then received a letter from a Solicitor acting for the tenant saying that they were applying to the Court for a hearing because my notice was invalid as it said that I required possession ON a particular date, being the last date of the tenancy and that the notice should have said AFTER that date.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Was the deposit protected please?
Alex

Customer: replied 1 year ago.
No deposit was taken.
Expert:  Ash replied 1 year ago.

The Court can consider the notice and decide what to do with it.

The Court has as discretion to rectify the error. The Court can consider the form and intent of the notice rather than the actual technical aspect.

It is not fatal and the Court has a discretion to allow the possession Order.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
you would recommend that I attend the hearing and do you think that I have a good chance of getting possession.
Expert:  Ash replied 1 year ago.

Yes you MUST attend the hearing.

I think you have a decent chance yes.

Does that clarify? Alex

Customer: replied 1 year ago.
Thank you for your help.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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