Possession hearing – Has by chance the council rep got it wrong?
Quick question, I was at a possession hearing today, and the judge awarded in my favour with 28 days for the tenant to vacate.
The tenant was represented by a housing advisor at the local council, who stated to the judge that I had failed to send copy gas safety certs and a How to Rent guide out with the S21 notice?
The gas cert was provided at the time the AST was signed 4 years ago, and the following years were all completed within 12 months of each other, again with a copy provided to the tenant.
The How to Rent guide was also provided at the time the AST was signed.
Copies of all required documents were sent to the Court with Form N5B ( AST, Gas Certs, How to Rent etc )
I am not aware that we also need to provide further copies of the Gas certs and How to Rent guide when issuing the S21 ?
Has by chance the council rep got it wrong?
Colin
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Member Since September 2018 - Comments: 3508 - Articles: 5
9:33 AM, 27th April 2022, About 4 years ago
sounds to me like they are clutching at straws and looking at anything to delay eviction.
If the judge has already awarded possession then he/she has seen that everything has been served correctly so onwards and upwards and they have 28 days to vacate.
Member Since July 2013 - Comments: 1996 - Articles: 21
4:12 PM, 27th April 2022, About 4 years ago
As a precaution I would send a copy of the latest version of the How to Rent Guide before or at the same time as serving a s21 notice. That way you have a record. However, if the original AST is still running and you served the Guide when that one was granted you should be OK.
If you signed new ASTs then you should have served the Guide again as it might have changed (even if it’s only a comma that has been added or a typo corrected.)
Member Since April 2019 - Comments: 59
9:05 AM, 28th April 2022, About 4 years ago
Reply to the comment left by Ian Narbeth at 27/04/2022 – 16:12
I would also recommend getting the tenant to sign a catch all form at the start of the AST to acknowledge receipt of all the required docs (EICR,EPC,right to rent,TDS etc ) and inc smoke alarms have been tested with timestamped photo.
Member Since January 2016 - Comments: 297 - Articles: 1
9:12 AM, 28th April 2022, About 4 years ago
A lawyer will want to agrue the law or the facts and if that fails bang the table and scream like mad!!!
Perhaps that is the case here?
Member Since August 2016 - Comments: 508
9:13 AM, 28th April 2022, About 4 years ago
By the time you,ve done all this, you will be a very good filing clerk!
Good luck.
Member Since September 2018 - Comments: 3508 - Articles: 5
9:46 AM, 28th April 2022, About 4 years ago
TBH I serve EVERYTHING again a few days before a S21 irrespective if I serve pre AST AND got proof.
There is no way I am getting caught out (again) been there done that!
Member Since September 2021 - Comments: 7
10:35 AM, 28th April 2022, About 4 years ago
Reply to the comment left by geester24 at 28/04/2022 – 09:05
I do this anyway. It was just a case of I know the council rep was talking a load of waffle, but then on the drive home I had that tiny little nagging doubt in the back of my mind that perhaps I had missed something.
Member Since January 2022 - Comments: 97
1:03 PM, 28th April 2022, About 4 years ago
Another vote for clutching at straws, there has been a new version of how to rent, maybe they meant that if you have not issued the new version?
Either way i pray they simply move out, I fear that the clowncil will tell the tenant not to move without the bailiff’s
Good luck!
Member Since September 2021 - Comments: 7
1:58 PM, 28th April 2022, About 4 years ago
Reply to the comment left by Christopher Holden at 28/04/2022 – 13:03
Thanks. We have a home owner guarantor who is working well with us, it’s her I feel sorry for. The tenant has brought this upon herself. I have already spoken to the Bailiffs office and there is a 3-4 week wait for them to attend.
Could be worse.
Member Since September 2018 - Comments: 3508 - Articles: 5
2:06 PM, 28th April 2022, About 4 years ago
Reply to the comment left by Colin Bayley at 28/04/2022 – 13:58
keep digging at the guarantor …tenant may move under the pressure of that before bailiffs attend.