We have used a Solicitor to do Eviction section 21 to tenant which we having a lots of problems. I have never evicted a good tenant since we were renting out this property.
The solicitor done the first part of serving the eviction 21 and second part for possession order. Last week we received letter from the Court, It is ordered that the Claim is struck out to CPR 55.16(1)(c) because the claim form discloses no reasonable grounds for bring the claim because the Section 21 is invalid because the Claimant has not been served the required documents prior to service of Section 21 notice, namely The version of how to Rent Booklet attached to the Claim form (December 2020 version) was not the current version at the date when it was provided to the tenant (on 3 August 2023). Claimant may apply withing 28 days of service of this order for the claim to be restored. I would like to know what is the next step to reinstate the possession order is it to sent new up to date version of how to Rent Booklet to the tenent. please advice us or shall we get another Solicitoer
You should always use a specialist landlord and tenant solicitor, not a generic high street type. Alternativeky there are a few eviction companies that know the law.
Most of the prescribed documents can be served now and then a fresh s21 served. The only critical issue is whether a gas safety certificate was done before the tenant moved in, (assuming theres a gas supply). If not, then its likely that a valid s21 can never be served on this tenant.
we service our boiler every year. we have also supplied gas safety certificate to the tenant which was done before tenant moved in. I will look for to instruct proper tenant eviction Solicitor. Thank you for your Help.
That’s not what David asked. He asked was it valid when the tenant moved in. Surely before submitting the s21 a solicitor would know what is needed for it to be valid. I would seriously question whatever agreement you have with them
Hello, Yes , it was Valid Gas Safety Agreement when the Tenant has moved in. I have emailed this Solicitor to stop acting on our behalf. I am going to get proper vetted Solicitor on the high street. Thank you.
All the Solicitors I have spoken with is advising me to start the whole process from the beginning. I lost so much time. I want to pass this whole eviction matter reliable Solicitor. The previous Solicitor done this mistake. Thanks
Are you saying that if any proper document was not served correctly that the tenant can stay indefinatley without paying. This paperwork minefield is becoming to onerous on LL and needs to be made simpler otherwise more will be selling up.
No Leslie1, that’s not what I’m saying. As per my post, its possible to serve all the documents late in the tenancy, (except the deposit prescribed information) as long as its at least a day before any s21. The only fatal error is not having done a GSC at all prior to the tenant moving it.
The fact that your solicitor proceeded with the court case without checking all the facts 1st is the fault of the solicitor. You have a case against the solicitor and I would be writing to them stating why did they send the documents in without checking everything was correct with you first. .
Courts will always throw out paperwork if there is no evidence that you have supplied the correct paperwork at the beginning of the tenancy.
Fact that a gas certificate was in place before the tenancy started is a relevant unless you provided the gas certificate to the tenant or at least a copy of it.
As you seem to be uninformed about a number of things I suggest you join the National Landlords Association look for some of their offers about £75 a year. On there you are access to all the procedures and forms that you need to download.
If the tenant has not been paying rent for two months or more, you may serve a section 8, and follow the ground. The NATIONAL landlord association tells you how to claim. This is a cut and paste form which you can do yourself.
Hello Brain, that’s is good advice. It’s the solicitor. First we will sort out the Court case. After that we will go after the Solicitor which made this mistake. I am going to enrol the the National Landlord association and pay the fee, it has a loads of information. The Tenant are making a lots noise night and day. So it’s getting not acceptable. Once again thank you very.