What to do if tenant and landlord lose contract?

by Readers Question

10:43 AM, 19th November 2019
About A year ago

What to do if tenant and landlord lose contract?

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What to do if tenant and landlord lose contract?

What do you do when both the tenant and Landlord do not have a copy of the original contract dated in 2012? A new one was issued in April 2015 which we both have copies of.

I’m trying to serve notice, but have been advised a Section 21 is not the route as it will get thrown out on this basis. What about the use of a Section 8 then?

What evidence do I need to provide to use give notice via the mandatory Ground 1 where the owners spouse needs to move in?

Many thanks

Reluctant


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Comments

Neil Patterson

10:38 AM, 20th November 2019
About A year ago

As long as all the relevant compliance post deregulation act has been followed then you should be ok to issue a S21 as normal, but best to check this with the professionals especially as you are expecting issues anyway. Please see >> https://www.property118.com/evicting-tenants/

Kate Mellor

15:10 PM, 20th November 2019
About A year ago

The only issue I can see with using S21 here is if the property has a gas supply and you can’t prove service of the original gas safety certificate prior to occupation. I would say though that unless the tenant challenges the eviction and has legal representation this is highly unlikely to be raised.
I think in your position I would issue both notices concurrently and if the tenant doesn’t vacate apply for possession using section 21. That way in the unlikely event that there is a challenge you can immediately reapply using your S8.
The previous tenancy agreement is now void as the new one supersedes it.
Who advised you that you couldn’t use section 21, and what were their reasons? As Neil said it’s about having evidence of service of all the necessary documents plus correct protection of the deposit plus a copy of the CURRENT tenancy agreement.

Tony McVey

11:25 AM, 26th November 2019
About A year ago

When applying to the court, enclose a statement of truth (affidavit) which explains the position. This has certainly worked in the past.


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