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Bitter Sweet Success In Birmingham

Before our landlord client instructed us to act his behalf, he instructed a firm of unregulated, non-lawyers claiming to offer ‘specialist landlord support services’. Our client paid money to that firm for it to issue a section 21 notice and then begin proceedings for a possession order and payment of rent arrears.

The tenant defended the proceedings on the ground that the landlord’s section 21 notice was invalid. Furthermore, the tenant made a counterclaim for housing disrepair.

However, the tenant failed to comply with the Court’s orders and procedural rules and so the Court struck out the tenant’s Defence and Counterclaim. Richard Moss Solicitors was instructed shortly after the tenant applied to the Court for her Defence and Counterclaim to be reinstated.

At a hearing in Birmingham County Court on 4 March 2013, Richard Moss successfully opposed the tenant’s application for her Defence and Counterclaim to be reinstated. Further, Richard Moss successfully obtained an order that the tenant pays all rent arrears. Even further, Richard Moss successfully obtained an order that the tenant pays his client’s legal costs.

However, the Court refused to grant a possession order because the section 21 notice was invalid. In the circumstances, Richard Moss has been instructed to issue a fresh section 21 notice and then begin possession proceedings all over again. (Richard has also been instructed to bring a compensation claim against the firm that negligently prepared the invalid section 21 notice).

The obvious lesson to be learned by landlords is not to instruct a firm of unregulated, non-lawyers. (By way of analogy, would you hire a taxi driver knowing that he had neither a driving licence nor motor insurance?).

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