Section 21 and Prescribed Information problemsMake Text Bigger
My tenants have been in since February 2012, the tenancy became periodic in August 2012. The deposit was correctly protected and the prescribed information given.
The house is in England. They have since started to default on the rent and a S21 was served and I am confident that all the dates on the S21 are correct. The problem is I can’t find proof that the PI was given at the start of the AST and it wasn’t given when the agreement became periodic.(because we didn’t know it had to be done again)
I realise that this will cause problems for the S21 if it has to go to court. I know that because of this mistake I will not be able to use the accelerated route, am I still able to use the normal, slower route?
I am also considering serving a s8 notice for non payment of rent, however because they are claiming housing benefit we intend to claim that directly from the council. If we do this can we still evict under S8?
I am genuinely concerned now that they may try and sue us as for not re-issuing the prescribed information – is this likely and is there any benefit in issuing it now?
Any help or suggestions greatly appreciated.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.