Misha Nayak-Oliver gets possession claim struck out to stop single mother and children being made homeless
15 July 2025
The possession claim at Manchester Civil Justice Centre (pictured) was struck out. Credit: 4kclips / Shutterstock.
Garden Court North pupil Misha Nayak-Oliver successfully defended a possession claim brought against her client, ‘Ms A’, at Manchester Civil Justice Centre.
Ms A is a single mother with ongoing mental health challenges. She has two children, one of whom is disabled, and the family are reliant on benefits. If evicted, the family would be made homeless.
Misha got the possession claim brought under Section 21 of the Housing Act 1988 struck out. She also successfully sought a costs order in favour of the Defendant, which was strongly opposed by the Claimant’s legal representative.
Section 21 notice requirements
At the hearing, the Claimant’s legal representative said that prior to service of the s.21 notice, the landlord had contacted the authorised scheme holding the tenant’s deposit, the authorised scheme provided information to the tenant relating to the deposit, and repayment of the deposit had been instigated. It was argued that it was for the tenant to then liaise with the authorised scheme to obtain the deposit.
On behalf of the Defendant, Misha made detailed submissions setting out that there are strict statutory requirements in s.213(5) (read with s.213(6)) of the Housing Act 2004. It is the landlord who has received a tenancy deposit who must give the tenant information relating to the authorised scheme applying to the deposit, as well as compliance by the landlord with the initial requirements of the scheme. It is the landlord, and not a third party, who must comply with the mandatory requirement. The authorised scheme is a third party. The Claimant failed to comply with s.213(5) and s.213(6). As s.213(6) was not complied with, no s.21 notice may be given in relation to the tenancy until such time as s.213(6)(a) is complied with, pursuant to s.215(2) Housing Act 2004. Therefore, the Claimant was unable to give notice under s.21 of the Housing Act 1988.
The Court agreed and the possession claim was struck out. The Claimant is to pay the costs of the Defendant.
Misha was instructed by Sarah Guest at Citizens Advice Bury & Bolton.
For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk
