Tenancy agreement relevance to eviction

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    Tenancy agreement relevance to eviction

    I have a question regarding a TA (AST) signed in June 2015 which ran for a year and then was left to carry on as statutory periodic.
    Notice has been served to tenant but now tenant is asking for a copy of the TA for the council. Apparently the council said the copy tenant had was no longer valid , there has only ever been one TA from 2015. I have a feeling she has lost it.
    Im here to ask is this relevant and necessary to the eviction process from my point of view as the landlord?
    can I just ignore the request as I've served S21 and now waiting for the 2 months to expire.
    Thanks for any info.
    ​​​​​

    #2
    I think I would give her another copy on the basis that either way the Council are going to tell her to stay put until the bailiffs come. Make sure you point out the date of June 2015.

    Comment


      #3
      Thanks, as far as i am aware, a t.a. isn't needed , only for accelerated possession orders?

      Comment


        #4
        She'll get another when you send court papers in. No point in giving council time to think of a way to defeat order, IMHO.

        Comment


          #5
          Be useful to know what the council think before you go to court, though.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by jpkeates View Post
            Be useful to know what the council think before you go to court, though.
            I think we know what councils think, don't we JPK?

            (That s21's are to be fought at all costs, to relieve them of accomodating the displaced tenants.)

            Comment


              #7
              Agreed - which is probably reasonable (because there's not much room for individual judgement, so the alternative would have everyone in a BnB when the notice expired.

              I was more thinking that they often tell the tenant why the notice invalid and the tenant sometimes tells the landlord.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                I wouldn't give them another copy. I'd write to them reminding them that they've already been given one.

                My council have also asked for an up to date tenancy when the tenancy has been several years old. I had to, wearily, explain to them that the tenancy was periodic and there was no further written tenancy agreements. I did however, write to the council to confirm the tenants' names, address, and start date of the tenancy, and the tenants were still in residence.

                Comment


                  #9
                  Did you provide Council with Expiry date of Fixed Term?
                  Was your s21 valid?

                  Comment


                    #10
                    I have no contact with council , that's up to tenant if she needs housing
                    ​​​​​​. She was paying me directly, then kept paying late and be is 4 months in arrears.
                    I assume my t.a. is fine as solicitor looked at it before serving s21.
                    I am ignoring the rent arrears issue as s21 is no fault.
                    Although it is indirectly due to rent arrears, as I wouldn't decide to sell if the rent was up to date! Tenant has brought this on herself I'm afraid, I've been very lenient.

                    Comment

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