am the claimant. Can I request for full defence or ask the court to dismiss the holding defence on the basis of bear denial.
'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
What do i do with my application in court and do have no where to live
When are you coming back- been gone for 24hour
The court action I have taken is failing to repair to stop s.21 and certification for hmo.
Even when is not operating with HMO license?
Other sources say that you cannot issue a valid s21 notice without a HMO licence. Can you give me a lead on this?
What then should the claim be refering to if not breach of repair?
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.
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
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