Successful appeal to set aside possession order for vulnerable tenant
We represented our client in a successful appeal to set aside a possession order brought by her housing association landlord.
Our client was a 68-year-old tenant in poor health, facing eviction from her landlord. She had been granted an assured shorthold tenancy on a probationary 12-month term, which was later extended by six months due to alleged anti-social behaviour. The landlord then served a notice under section 21 of the Housing Act 1988 specifying a date for possession that fell before the fixed term of her tenancy had commenced. Possession proceedings were issued in Leicester County Court.
Case challenges and initial proceedings
Initially, our client was represented by another firm of solicitors. Following a breakdown in that relationship, she became a litigant in person. An outright possession order was made at a hearing on 15 May 2023, which she was unable to attend as the hearing had been changed to a remote session, and she did not know how to join.
Our approach
We were instructed after the possession order was made. We lodged an appeal against the possession order and an application to set aside the order under CPR 39.3(5). The appeal was stayed pending the hearing of the set-aside application, which was initially unsuccessful. The matter was subsequently appealed to the Court of Appeal, which stayed the appeal until the main appeal against the possession order could be heard.
Outcome
The appeal was heard on 11 September 2025. Our client was successful in her appeal and the possession order was set aside.
This case is significant as it provides important clarification that a section 21 notice served during the fixed term of a tenancy specifying a possession date before the expiry of that term is invalid.
Although the Renter’s Rights Act which will abolish section 21 will come into effect on 1 May 2026, landlords will still be allowed to use section 21 notices to recover possession before the Act comes into force. If you have received a section 21 notice from your landlord, please do not hesitate to contact the Housing Team at GT Stewart.
Our client was represented by Solicitor, Dirghayu Patel with Toby Vanhegan and Ayesha Omar of 4-5 Grays Inn Square instructed as counsel.