Hi,
My wife and I bought a property, completion date was January 2023 with a tenant sitting in, currently owing 3 months arrears going to 4.
Section 8 and 21 has been issued but the Tenant has refused to leave.
My solicitor has requested for the Gas certificate at the time when the tenant moved in 2016 which we don’t have. Will this nolify the accelerated possession order if submitted to the court?
Please advise as my wife and are incurring monthly cost to the bank and insurance.
Oh dear. Why did you not insist on vacant possession before completing? You may be facing many months of no rent whilst you evict. I suggest you use a specialist housing solicitor or eviction company, or you could lose a lot more time and money with a simple error.
Unfortunately, from what I have read you will not easily get possession of your property without the original GSC. The court would need to be satisfied that the tenancy was compliant when it began. I am sure your solicitor explained this to you… Your conveyancer should have raised this with you during the process of the sale. When you buy with a tenant in situ you are buying an ongoing business and not just a property, so due diligence should be carried out on both the building and the tenancy. I assume the tenant was paying the rent before you became the owner and now all of a sudden they have just stopped paying.
You have slipped up here I have just bought a place for my son and we would not exchange till the tenant found another place. After 2 months he left … If he had not left we would have looked elsewhere
There is only one thing that prhibits a section 21 and that is gas certificate that is valid before the tenant moved in - Check the apeal case Terracell
I have reserached this back to front - Without a gas safe certificate before the start date of tenancy you are finished
Issue a section 13 to increase the rent - Thats all you can do