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Steve Melnikoff
Steve Melnikoff
19:50
I have to disagree with your assessment of Bob's actions. Bob is entitled to stay in the property - and is required to continue to pay rent - unless and until a court ends his tenancy. He is not required to give any reasons for doing so, because is merely exercising his rights under an assured shorthold tenancy.
Now, tenants tend to treat a section 21 notice as if it marked the end of their tenancy, and so move out at the end of the notice period. But they don't have to, and they are doing nothing wrong if they choose to stay - even if it does cause the landlord headaches.
Regarding "frivolous/groundless disputes": the only defence to an eviction based on a section 21 is to show that the landlord has failed to do all the things required for the notice to be valid (which includes protecting the deposit, sending the tenant a copy of the valid gas safety certificate, electrical safety certificate, etc, etc).
If the landlord has done everything that they are required to do, the court must order the eviction.
@JosephP. <-- tagging you, in case you're not automatically tagged.
 
2 hours later…
Joseph P.
Joseph P.
22:14
Yes, exactly. So if the LL has done everything they are required to, then Bob stands no chance of winning and Alice will of course get her possession awarded. Under this circumstance could Bob be called frivolous for attending the hearing without any contentions to argue?
Also regarding the tenants not doing anything wrong by staying past a fully ripe s21 until the court's ordered date of possession, does the same apply equally to staying even beyond that until bailiffs come to usher them out?
About the first question, if Bob does nothing wrong by staying after s21 expiry date, then why would courts ever order Bob to recompense Alice for her court filing fee paid when applying for possession?
If the same doesn't apply to defying courts possession orders as to defying matured s21, then is it more common for courts to order tenants to compensate landlords for possession application fees than to order them to compensate LLs for eviction application fees?

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