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Stuart J
Stuart J, Solicitor
Category: UK Employment Law
Satisfied Customers: 20903
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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what is holding defence and why is it immediately accompanied

Resolved Question:

what is holding defence and why is it immediately accompanied by allocation questionaire from the bulk centre without being tranfered to a local court?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Stuart J replied 1 year ago.

presumably, you are the claimant. Please confirm.
Did your claim put full and complete details in?
Usually,a holding defence is a straightforward simple defence where the defendant denies any liability because there is not enough information in the claimor the claim is too vague to be able to put in defence.
There is no reason why it should come at the same time as an allocation questionnaire other than to save postage. The allocation questionnaire has to be done at some stage in any event.
does that answer the question? Can I assist further?
I am off-line now until tomorrow but will pick this up then. Thank you
Customer: replied 1 year ago.

am the claimant. Can I request for full defence or ask the court to dismiss the holding defence on the basis of bear denial.

Expert:  Stuart J replied 1 year ago.
Have you sent in full particulars of claim including supporting documentation?
Is their defence simply “I don’t owe anything”
what exactly have they put in their defence?
I need the full background to this particular question please
Customer: replied 1 year ago.

'Liability denied. A full defence willbe filed after full PC is received.' my claim was as a result of the landlord agent issuing sec.21 on me. The property has been in disrepair for years with promises of repairs that started and never finihed, now he issued sec.21 to which I responded to claim compensation for the breach and stop action on sec21

Expert:  Stuart J replied 1 year ago.
so have you not served full particulars of claim?
I accept the landlord may be in breach of covenant to repair but on what basis do you want to overturn the section 21?
you cannot overturn the section 21 because the landlord is in breach of covenant to repair.
Customer: replied 1 year ago.


What do i do with my application in court and do have no where to live


 

Expert:  Stuart J replied 1 year ago.
I am away from my desk at the moment. I have seen your reply and I will get back to you as soon as I have a keyboard in front of me. No need to reply to this post. Thanks
Customer: replied 1 year ago.


When are you coming back- been gone for 24hour

Expert:  Stuart J replied 1 year ago.
I apologise, it slipped off my radar.
You cannot make the landlord keep you as a tenant because you have no alternative accommodation. He is entitled to serve s21 notice after the term expires and to take steps to evict you.
You are faced with finding somehwre else to live.
Sorry, but I can only tell you the law on this.
Customer: replied 1 year ago.

The court action I have taken is failing to repair to stop s.21 and certification for hmo.

Expert:  Stuart J replied 1 year ago.
You wont stop s21 for failure to repair. You can only stop s21 if it is incorrectly completed or served.
Customer: replied 1 year ago.


Even when is not operating with HMO license?

Expert:  Stuart J replied 1 year ago.
s21 and lack of repairs are not relevant to each other.
It is like saying can my house be repossessed becuase I was speeding.
That is why there is a holding defence because the claim isnt relevant
Stuart J, Solicitor
Satisfied Customers: 20903
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Other sources say that you cannot issue a valid s21 notice without a HMO licence. Can you give me a lead on this?

Expert:  Stuart J replied 1 year ago.
Is it a HMO?
The point is that your claim is it defend s21 by referring to breach of repairs which is totally irrelevant.
What type of tenancy agreement is it? AST?
Is the landlord living is same building?
The s21 might be invalid but that is totally different action.
The other thing the judge will refer to is that if the repairs havent been done, why do you want to stay.

Please bear with me over weekend as I am on and offline spasmodicaly
Customer: replied 1 year ago.

What then should the claim be refering to if not breach of repair?

Expert:  Stuart J replied 1 year ago.
I am just away from my computer but will come back to you as soon as possible.

Thank you for your patience, there is no need for you to reply.
Customer: replied 1 year ago.

 


What then should the claim be refering to if not breach of repair in other to pin in s21 and prevent executing s21 ? I feel i should be compensated if am going to be evicted in this way.

Expert:  Stuart J replied 1 year ago.

These are totally separate issues.

1 Compensation for failure to repair.

2 Whether the s21 notice is valid or not. If it is perfectly valid because you have a valid AST, then you have no claim to defend the s21.

However don’t expect much sympathy from a judge if you are defending s21 and wanting to stay if you are and at the same time sueing for breach of repair.

To go back to the initial question, the reason he hasn’t sent a full defence is that the claim makes no sense and is therefore impossible to defend.

If the tenancy has come to the end of its term or you are holding over after the end of the term then you are not entitled to anything. The landlord is entitled to possession and if you go to court he might get costs awarded against you.

You might want to see a solicitor face to face with this as I dont feel that it will go well in court if you try to DiY

If however the term is still running the s21 is invalid

Stuart J, Solicitor
Satisfied Customers: 20903
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Employment Law Specialists are ready to help you

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Stuart J
Stuart J
Solicitor
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PGD Law. 20 years legal profession, 6 as partner in High Street practice