I have a (Council) tenant who moved into one of my properties Nov 2020, she was given the prescribed info, gas safe, etc. at the time. We failed to do a subsequent gas safe in Nov 2021 (several reasons, one being Covid.... then unfortunately it was forgotten). I have issued a Section 21, which has just expired and the lack of up to date gas safe has been brought to my attention. Can I still go through with proceedings? Or is it safer to issue the S21 again now the gas safe has been done (6 months late)? I'm not frightened of speaking up in court - and not sure if it would come up that I have committed a criminal offence! There is so much conflicting info out there and I don't understand the legal jargon in the Housing Act. Thanks for any help.
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If you go through with proceedings, you'll probably fail.
I'd reserve the section 21 notice now the certificate is available.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). -
Thanks... I'm sure I did it before just with original gas safe, but the 'rules' seem to change and the governments' own websites are - and always have been - shockingly bad. And to have to rummage around for a cheque book just makes me angry! It's also not clear, but I assume I have to still send 3 copies of everything to the court (when S21 expires). It doesn't tell you that piece of information anywhere either...Originally posted by jpkeates View PostComment
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You need to supply a copy to each T named on the tenancy, if there is only 1 then yes only 3 copies (1 for the T, 1 for the court and 1 for yourself).Comment
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Yep, thank you - need to stock up on printer cartridges thenOriginally posted by ash72 View Post
- Do you agree that it's best to re-issue the S21?
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It may be safer to re-issue the S21 notice, as you don't want the Judge or the T to point out to the Judge that there is a mismatch on the dates, to then question the validity of the notice which was served. If you are hand delivering it then either get the T to sign that they have received it, or a witness (independent) that it was served, or post it out and get proof of posting from the post office and fill out N215 form.
I would also put an index of each of the documents you are attaching and supplying to the courts, so that you know that nothing has been missed out. Once you get possession, if there are rent arrears get a CCJ against the T.Comment
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