I help manage a sole letting for my mother. Her health is deteriorating and she now wants to sell. A shorthold tenancy agreement was entered into by the tenant in 2012 and they have lived there all this time.
We have indicated to the tenant our wish to sell the property and have given them notice to leave by way of a sec 21 notice back in the summer of last year. This was an open discussion with the tenant as the local council pays the rent direct to my mother and the tenant felt that the eviction notice would be the only way they would be able to secure further housing from the local council (the tenancy agreement is directly between my mother and the tenant - the council just sourced the tenant originally).
The ‘date to leave’ on the section 21 notice was back at the end of November. The tenant says that they have been looking for alternate property but I have to assume that a) they don’t want/need to move out or b) cannot find anywhere due to the current pandemic restrictions. Hence we find ourselves looking at the NB5 court order process.
We are inexperienced here, and I just wanted to ask for some advice on next steps - hopefully I can keep it short! Here goes:
- Court costs - there is an option on the form to ask that the tenant pays these - but am I complicating things by ticking this?
- Is ‘proof of service’ of the Sec 1 form still required?
- Alongside the tenancy agreement there is a separate ‘Deposit Guarantee Agreement’ between my mum and the local borough council that indemnifies her in respect of rent, damage or loss. Is this a ‘deposit’ in the context of the NB5 court form?
- Is it true that tenancy agreements signed before 2015 do not attract the same obligations in terms of EPC, Gas certs etc? The property is completely up to date in terms of current safety checks, certs and repairs - it’s just that I won’t have everything going back to 2012 just because my mother does not have all the records. I don’t want an application to held up on a technicality.
Sorry for the lengthly post - but any help would be greatly appreciated as this is uncharted territory for us.