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…?
Question
Landlord Wants Tenant to Leave (England)
pursuing s21 whilst s8 proceedings are underway
Answer
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8 Comments
Yes you can. Each notice is without prejudice to each other.
does this still apply if need to return the deposit and thats part of their counterclaim?
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:
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?
No, that’s not determined or settled yet.
sorry to be a pain, so that means a s21 can NOT be served until its settled?
Correct. Deposit needs returning first
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!