OpenComplaint

Accelerated Possession Claims - Issues and Dismissals in County Courts

Acceleraated possession claimsPC-2026-01936OtherAnonymous · 3d ago

Accelerated Possession Claims are still going through the Courts. We've had 2 cases in the last 2 weeks that have been dismissed for reasons that are beyond me! Not only is this frustrating for the Landlord but has further financial repercussions as they now need to appeal against the decision made and pay the associated costs whilst the Tenant(s) remain in the properties and by coincidence both having not paid rent for many months!! Case 1 Dismissed without a hearing. District Judge stating that the Section 21 served on 29th April 2026 was deemed served on 4th May 2026. This was despite the N5B stating email service and the relevant AST allowing for such service so service of the Notice was valid. Case 2 Dismissed at a hearing. District Judge gave the Tenant the benefit of the doubt regarding a bathroom repair. Said repair was reported many months ago but access to repair was either denied or contractors refused to attend because of Tenants aggressive behaviour. Section 21 served and Tenant then contacted the Council and as access couldn't be arranged, an Improvement Notice was served. DJ stated as repair had been reported before the S21 was served, case dismissed. Both cases will be appealed by the Landlords but why should they have to pay again for the application to set aside the Judgement when a clear error in law when dealing with a mandatory ground such as Section 21 has been made by District Judges. I would add these are in 2 separate County Courts. Rant over! AN Expert Consultancy Sophie Priddy Hannah Norris Harjinder Spriggs

Accelerated Possession Claims - Issues and Dismissals in County Courts

Source links

History

Comments (0)