Hi there,
On June 3rd I issued a Section 8 notice to a tenant renting a room in a four bedroom HMO. The tenant is currently in 4 months rent arrears.
The tenant is receiving legal aid and their solicitor has filed a defence and counterclaim.
The main item in the defence is that the Section 8 is invalid as I (foolishly) did not make reference to the specific room the tenant rents on the Section 8 notice, I only put the property address.
The hearing has been set for October 4th.
My main question is; what is best way for me to proceed from here? (I'm assuming the Section 8 is indeed invalid, unless I hear a solid reason otherwise)
Also, what would be the implications of me serving a new valid Section 8 between now and the hearing? Would a new Section 8 supersede the last or would the court only look at the original Section 8 that was served?
Finally, if there is little hope for me with this hearing, what steps should I take now to gain possession of the room in the property?
Thanks in advance, any help and advice is much appreciated.
A couple of other points:
1: I have not instructed a solicitor and am a little reluctant to do so, if the significant likelihood is that the claim will be dismissed due to an invalid Section 8.
2: I did not provide the tenant with a copy of the gas safety certificate when they moved in back in May 2018
On June 3rd I issued a Section 8 notice to a tenant renting a room in a four bedroom HMO. The tenant is currently in 4 months rent arrears.
The tenant is receiving legal aid and their solicitor has filed a defence and counterclaim.
The main item in the defence is that the Section 8 is invalid as I (foolishly) did not make reference to the specific room the tenant rents on the Section 8 notice, I only put the property address.
The hearing has been set for October 4th.
My main question is; what is best way for me to proceed from here? (I'm assuming the Section 8 is indeed invalid, unless I hear a solid reason otherwise)
Also, what would be the implications of me serving a new valid Section 8 between now and the hearing? Would a new Section 8 supersede the last or would the court only look at the original Section 8 that was served?
Finally, if there is little hope for me with this hearing, what steps should I take now to gain possession of the room in the property?
Thanks in advance, any help and advice is much appreciated.
A couple of other points:
1: I have not instructed a solicitor and am a little reluctant to do so, if the significant likelihood is that the claim will be dismissed due to an invalid Section 8.
2: I did not provide the tenant with a copy of the gas safety certificate when they moved in back in May 2018
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