Question

s8 and s21 proceedings

by | 23 Jun 2016

s8 proceedings has gone to fast track with 2 days trial in 3 months time, its likely that the defendant might win the claim for disrepair etc… on the strength of this can this be withdrawn (what are the implications of this – can it still go ahead i.e. the counter claim etc…? and if we withdraw are we just withdrawing claim for possession?) and if its withdrawn, can we then start the s21 process? whilst this is all happening above?

Plus, can possession still be granted even if the judge awards damages / compensation etc..? as the arrears is not disputed?

Plus under s21, it is my understanding that only exceptional hardship can be used as defence, or can the above issues prevalent possession in s21 The tenancy started pre oct 2015

Answer

1 Comment

  1. guildy

    At any time during a claim you can “discontinue”. This is treated as a loss under the court rules so costs to date would be payable by you (you couldn’t recover the claim fee for example). It is possible for the counterclaim to run independently.

    If you discontinued you wouldn’t get possession under that claim but you can serve a section 21 notice separately and go for possession that route. They are both entirely independent claims (the Housing Act 1988 specifically states one is without prejudice to the other).

    Under section 21, exceptional hardship is not a defence but it could be used to delay the date they are required to give up possession by up to 6 weeks (but no more).

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