WYN Legal Secures Possession Order Following Successful Amendment on Selective Licensing Issue

WYN Legal has achieved a successful outcome in a recent possession claim brought under Section 21 of the Housing Act 1988, obtaining an order for possession and fixed costs for our landlord client despite an unexpected licensing issue raised by the Court.

At the time the Section 21 notice was served, our instructions were that the property did not fall within the local authority’s selective licensing scheme. However, upon issuing the possession claim, the Judge listed the matter for a hearing and required the landlord to provide evidence demonstrating why a selective licence was not necessary.

Following further instruction from the client, it came to light that he had in fact applied for and obtained a selective licence, and that the licence had been in place before service of the Section 21 notice. As the existence of a valid licence is a statutory pre-condition for serving a Section 21 notice in selective licensing areas, this was a critical factor.

WYN Legal promptly made an application to amend the claim and filed an Amended Claim Form reflecting the correct licensing position. We provided the Court with a copy of the licence and requested that the Judge deal with the amendment at the listed hearing.

At the hearing, the Judge granted the application to amend, accepted that the selective licence was valid and operative before the Section 21 notice was served, and confirmed that the landlord had complied fully with his statutory obligations. The Judge also made an order for possession and awarded the landlord his fixed recoverable costs.

This outcome highlights the importance of accurate case preparation, responsive case management, and the ability to swiftly rectify issues that arise during proceedings. In a landscape where Section 21 notices will soon be abolished as part of ongoing reforms to the private rented sector, securing successful possession orders under the existing regime remains vital for landlords. 

Binal Shah, Senior Associate, WYN Legal said :-
“This case demonstrates the importance of clarity, diligence, and quick action when an issue arises mid‑proceedings. Once it became clear that a valid selective licence had been in place all along, we moved immediately to correct the record and ensure the Court had the full picture. I am pleased the Judge agreed that our client had complied with all statutory requirements and granted possession. With Section 21 notices soon to be abolished,  securing a positive result under the current framework is an excellent outcome for our client.”

This matter was handled by Binal Shah, Senior Associate, with assistance from Bhavdeep Kaur, Paralegal. 

For further information, please contact Pranav Bhanot (pbhanot@wyn.legal) and Binal Shah (bshah@wyn.legal)