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  • Buy-to-Let

    Sec 21 served but council playing hard ball

    I have served a section 21 to the tenant back in December 2018 with all completed docs But did not have the original gas cert so purchased a copy direct from the gas cert company but have been told by the council that because this is not the original the section 21 is invalid.....need some desperate help Guys

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    hi,

    are they in rent arrears, if so you could try a Section 8?

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    No Rent arrears as the council are still paying housing benefit

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    Get all paperwork sorted for a new tenancy (eg service of EPC, GSC etc etc..).  Offer tenant new 6 month AST at lower rent: 


    If tenant signs wait 4 months then serve valid s21.

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    Indy why do you care what the Council says? what Ball do they have to play? None.
    Section 21 is between you and your Tenant. Not any other 3rd party (such as the council).

    If you think you have all your paperwork in order, you head to court and execute your Section 21 notice.

    --

    It does not matter if you now have a copy or the original. What matters is that you provided a gas safety certificate at the start of a tenancy before the tenant moved in. Otherwise any Section 21 notice served during the term is invalid. If you are a member of the RLA they have a form that you get a tenant to sign before the tenancy started to evidence you provided all this information.

    If you have not provided this before the tenancy started (or can not evidence it) your Assured Shorthold Tenancy will be treated like an Assured Tenancy. Therefore using a Section 21 Notice will not be possible.

    If this is you I recommend you employ an expert https://www.landlordaction.co.uk/news/ga...the-price/

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    Thats crazy cus yes i did serve the sec 21 to the tenant but then he forwarded it to the council they basically told him to sit tight and he has all the rights!!!!


    But i do have a doc to say he received all the correct docs of the time of the tenancy start.

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    I agree with  Adam Hosker this is nothing to do with the Council. The fact that the tenant has gone to them for help does not mean what they say is necessarily correct when it comes to the private rented sector.

    Did you give the tenant the gas cert and all other relevant documents at the start of the tenancy? If so, then follow through on the S21. If not, then you may have a problem. Definitely speak with Landlord Action.

    Good luck

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    .
    The profit of knowledge is in its application
    TumiHawkins.com

    All docs where given 100% and even had his social worker present and tick them off but know they can't find the docs either.

    I have been dealing with Evict them.......and they have not advised this so will be contacting landlord action

    Thanks



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    Well this is a problem at the moment. The council will advise the tenant the notice is not valid and the court is likely to be aware of the issue. There is a case called Tercarrel House v Rouncefield heading for the Court of Appeal to try and resolve this problem.
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.