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  • Legal FAQs

    Section 21 to be served - but which address?

    Hi All,

    I temporarily moved a tenant to a different property whilst a refurb took place.

    My intention was to move them back once complete.

    During their time in the temp property they have gone many months into arrears and refuse to communicate.

    Do I send the section 21 / court paperwork etc. etc. to the original address? i.e. the contractual address.

    What happens if bailiffs need to attend; can I 'direct' them to a  different address??

    thanks in advance

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    Was there no paperwork around the move to the temp housing - eg revised Letting Agreement?

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    No ; apart from an email .

    So no contractual alterations .

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    I would suggest you serve two notices, one made out for each address and then serve a copy on both addresses. That way you cannot be wrong

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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.

    That certainly sounds like s reasonable approach . I did do s basic email explaining the temporary move and obviously the tenant agreed .

    But if I needed to attend court I can only go down the path of one of the s21 ‘s ....??

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    Did you provide the Gas Safety Certificate for the new property before they moved in?

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    If there is no proper paperwork, does serving a notice on the new address risk creating a new AST (with no tenancy agreement)  starting from the date of the move meaning no S21 for 6 months?

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    Good Q I would like to know the outcome of this.

    One Q propped up in my mind are you paying the rent for the temp accommodation or is it one of your own property. Also was the tenant paying rent on time before the move.

    Not that I have a current situation similar to this. But the past tenant could have had made me get into this situation.  Before that the council found a property for her making me a two month void but was able to decorate it and let it out again.

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    Unfortunate so little paperwork, the tenant (who may be viewing btw.) has got great opportunity to attempt to get eviction case chucked out...

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