Hi the courts rejected my sec 21 application to be served on the tenant because the property address was listed on the gas certificate as the landlord address. How do I correct this? Do I need to ensure that all documents have a different address for the landlord before applying to the courts for an eviction
Get it redone properly by the gas engineer - Get them to do a correction to original and sign/initial it.. but you can’t use s21 anymore you’ll have to restart with a new s8
Or get new gsr
So long as you have a valid gsr with current correct address you Should be fine for s8
Good luck1
Thank you David. I will contact the engineer and will file a S8, that just add more time to what is becoming a difficult situation.
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What s8 ground will you use?
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It will be Ground 1 as myself and children would be occupying the property as soon as we reagin it.
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The gas cert matters much less now. Serving a valid gas record was a precondition for s21, which is how an address slip could sink it. Section 8 has no equivalent, so get the engineer to correct it but don’t hold the notice back waiting.
For Ground 1 it’s four months’ notice from the day you serve, and the tenancy has to have started at least a year before the date in the notice. Check the deposit too. s.215 Housing Act 2004 now blocks a possession order on Ground 1 if it isn’t protected with the prescribed information served. And once served you can’t relet or market the place until 12 months after the notice date, even if the tenant goes early.
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Although s8 doesn’t have the same prescribed document requirements as s21, they won’t disappear altogether, just shift to the court possession process. Courts wont be able to award possession, (except ASB grounds) whilst the database document requirements have not been complied with. I assume that this doesnt apply until the database comes onstream though.
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