Our client had been housed in private rented sector accommodation by London Borough of Lambeth when she had approached them for homeless assistance in 2017. Our client and her daughter were provided with a one bedroom flat under a "homeless prevention" scheme.
After initial possession proceedings brought by the letting agent were struck out for lack of standing, our client was served with a further Section 21 notice in December 2019. However, the space on the section 21 notice where the landlord’s or agent’s signature should be placed was in fact blank.
In 2020 the landlord brought fresh possession proceedings. However, the Section 21 notice attached to the claim form appeared to be the same as that served in December 2019 except for a signature was now included in the previously blank space. We made an application to strike out the claim on the basis that the notice being relied upon was not the notice that had been served on our client.
The strike out application was heard in July 2021 and it was accepted by the representative for the Claimant that the signature had been added to the notice after service on our client. It was argued by the Claimant that that this caused no prejudice to our client. However, the judge decided that because it is a no fault eviction the paperwork does have to be in order. The claim was struck out for the following reasons:
- It was an abuse of process to sign a statement of truth confirming that a notice had been served when it was later accepted that the specific notice in question had not actually been served.
- There is no realistic prospect of success when the Section 21 notice relied upon in the claim form has not been served on the tenant.
