Defending a section 21 notice

What is the legal defence for a section 21 possession claim? None. There is no substantive defence to a section 21 Accelerated Possession Procedure claim. It is merely the landlord exercising his or her entitlement to regain possession of the property under the Housing Act 1988 as of right. However, there are a number of procedural and administrative defences to a section 21.

What is the legal defence for a section 21 possession claim? None. There is no substantive defence to a section 21 Accelerated Possession Procedure claim. It is merely the landlord exercising his or her entitlement to regain possession of the property under the Housing Act 1988 as of right. However, there are a number of procedural and administrative defences to a section 21. These include: wrong date on section 21, no proof of service, starting court proceedings before the expiry of the notice, wrong name on the notice, incorrect address, serving the section 21 where the deposit has not been protected, no How to Rent Guide for post Oct 2015 tenancies, no gas safety record, no energy performance certificate, incorrectly filling out the N5B Form (this is the court form to instigate court proceedings if the tenant has not vacated) or using an incorrectly drafted section 21 notice. The above list contains some of the most common reasons why a court may strikeout an application but is not exhaustive.