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Question

Landlord Wants Tenant to Leave (England)

pursuing s21 whilst s8 proceedings are underway

28 Mar 2017 | 8 comments

A s8 case has been struck out but counterclaim is still ongoing to fast track, whilst this is happening can a s21 be served and claim be made etc…?

Answer

8 Comments

  1. guildy

    Yes you can. Each notice is without prejudice to each other.

  2. eden2011

    does this still apply if need to return the deposit and thats part of their counterclaim?

  3. guildy

    The usual section 21 rules apply so deposit would need returning first if wasn’t protected in time. If the court has determined a claim for penalty/return before the section 21 notice has been served, that is also sufficient to allow service of the section 21:

    Section 215(2A)

    … [a section 21 may nevertheless be served] in a case where—

    (a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or

    (b) an application to a county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.

  4. eden2011

    thanks, juts to clarify the claim is ongoing and no outcome yet, but its been accepted that the claim can go ahead, does this mean determined?

    • guildy

      No, that’s not determined or settled yet.

  5. eden2011

    sorry to be a pain, so that means a s21 can NOT be served until its settled?

    • guildy

      Correct. Deposit needs returning first

  6. eden2011

    Im so sorry again, but its still not clear! as it stands, and if the deposit is returned, i.e. can the deposit be returned under the circumstances given above, then a s21 can be served. I know that the dep needs returning in any event, but its not clear if it can be returned whilst the other side have a counter claim about this which has not been settled or determined!

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