11:45 AM, 7th June 2022, About 2 months ago 14
I have a tenant who is subletting his room and is refusing to quit his tenancy and return keys. He pays his rent on time and in full every month. Its a single room with shared kitchen and bathroom facilities.
We have tried since 2020 to work with him on this and get him to either leave or move back into the room. He keeps making promises of leaving and then doesn’t and refuses entry. The person who he is subletting to is an extreme hoarder and you can barely open the room door. She has also taken over most of the storage in the communal areas.
Its clear now that the only way forward is to evict.
I took over this case in March 2022.
We issued a section 21 notice which has now expired, he hasn’t left, so we will be going to court.
I am about to do the court application (N5B form) and have realized that the tenant’s name on the Assured Shorthold Tenancy Agreement has been misspelt by a colleague who is no longer at the company. The tenancy start date which was typed onto the tenancy agreement has also been crossed out in pen and a new date of a month later has been added, it has not been initialled by either party. The new date written in pen is the correct date and the date rent has since been charged from which we can prove.
The tenancy agreement has been signed by the tenant and the previous colleague.
In addition, his name on the Deposit Certificate has also been spelt incorrectly(set up by the same colleague).
I suspect the colleague who completed the tenancy had dyslexia as most of their letters were littered with spelling and grammar mistakes.
We do not have any photo ID for the tenant (Tenancy was set up in 2013, a time when the company did not request this at the start of the tenancy)
Aside from the spelling mistakes, the Section 21 Form 6a has been served correctly, with the correct name spelling (When I say correct, the spelling matches the name of which he signs off all his emails and the name of the bank details he gave us).
Example of spelling mistake(not real name)
Tenancy Agreement Misspelling:
Mr J Surednrm
Mr J Suredrm
My question is, will this cause an issue when I send the N5B application to court? If so, how can I mitigate this? Should I include a covering letter acknowledging the spelling mistakes? If so, should I include anything specific in the letter?
Any other suggestions of how to reduce the risk of this being thrown out due to the spelling mistake?