Is there a defence to a S21 Possession Claim

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    #16
    For a possession order to be given, the S21 has to be correctly worded and served and this pre-2015 AST has to contain a clause stating that the deposit has been protected, plus the prescribed information required as at the date the tenancy commenced. I am not sure the GSC or any breach of the GSC rules have any relevance here. That is my hope, at least.

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      #17
      The form N5B - Claiming possession of a property only requires a valid Gas Safety certificate to cover the current tenancy, if you renew the tenancy annual, you would be fine, if you don't then the AST turns automatically into a periodic tenancy (rolliing basis) and you would again be fine with this Gas Safety certificate.

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        #18
        Ash72, my only issue has been whether the tenant could defeat the S21 application by saying there had been no annual gas certs earlier. Personally, I think the fact that I was not compliant is irrelevant now as this is not a matter for a S21 hearing to determine.

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          #19
          Only becaus the most recent fixed term tenancy predates 1 October 2015.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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            #20
            KTC, for clarity are you referring to my previous post and agreeing that, in this case where the tenancy predates 1 Oct. 2015, the lack of earlier GSCs is irrelevant to a S21 application?

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              #21
              RayG,

              Yes .
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #22
                Thanks for your time. I have to say that this experience does leave scars and I urge anyone to be very wary of claimant applicants and always make certain any tenancy is compliant, even if the latter is prepared and managed by an agent, as non-compliance is ultimately the landlord's responsibility. The increasing burden of rules and regs is a potentially fatal pothole for the unwary.

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