Can I sell though I’m going to trial?

by Readers Question

12:03 AM, 7th December 2023, 3 years ago 11

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Landlord News Landlords Questions Lettings & Management

Hello, I issued my tenants with a s21 which they defended because the first Gas Safety certificate upon moving in was not valid as I didn’t use a Gas Safe engineer.

I went to a possession hearing last week and now it’s going to trial next year.

I’m thinking about selling my property with the tenant in situ now.

My questions are:

Will the current trial still go ahead?

If someone bought the house with my tenant in it, how easy it would it be for them to evict them?

Considering the Gas Safe problem, would they have the same issue?

Thank you,

Matthew

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Tags: gas safe engineer, gas safety, s21, selling with tenant in situ

Seething Landlord

Member Since January 2020 - Comments: 1114 - Articles: 1

12:30 AM, 11th December 2023, About 3 years ago

In case you are still uncertain, you might want to look at this article, which includes a link to the judgement in the latest case on the subject, Byrne v Harwood-Delgado, which confirmed that if there was no GSC in existence at the start of the tenancy, S21 cannot be used.

https://nearlylegal.co.uk/2022/06/the-trecarrell-conundrum-revisited/

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