notice & disrepair

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  • notice & disrepair

    i recently served notice to tenant under S8 Ground 1(b)

    i failed to notice gas safety cert had expired.
    Tenant brought in enviromental health.
    EH gave 7 day notice ordering me to provide gas and electric certs.
    certs now current. electric failed miserably but extensive repairs now complete.
    gas cert warns of precarious piping but certified non the less.

    Does my original notice stand?

  • #2
    Originally posted by julie mist View Post
    i recently served notice to tenant under S8 Ground 1(b)
    ....
    Does my original notice stand?
    If you mean Schedule 2, Part I, Ground 1(b) of The Housing Act 1988; then this is only applicable if notice was served in writing to the tenant before the tenancy began. Was it?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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    • #3
      Originally posted by tom999 View Post
      If you mean Schedule 2, Part I, Ground 1(b) of The Housing Act 1988; then this is only applicable if notice was served in writing to the tenant before the tenancy began. Was it?
      no. notice not served in writing before the tenancy began.
      if court is of the opinion that it is just and equitable to dispense with the requirement of notice, would recent but previous disrepair alter things?

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      • #4
        Originally posted by julie mist View Post
        no. notice not served in writing before the tenancy began.
        if court is of the opinion that it is just and equitable to dispense with the requirement of notice, would recent but previous disrepair alter things?
        You're right (and Tom isn't). Ground 1 can be used even if no g1 Notice was served before the Letting started. However, although g1 is mandatory, it would be for the Court to decide if it wants to exercise its discretion to overlook lack of Notice. It might view the disrepair with disfavour.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          so would my original served notice to quit still stand?

          at what point will i know if discretion is in my favour?

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          • #6
            Originally posted by julie mist View Post
            so would my original served notice to quit still stand?

            at what point will i know if discretion is in my favour?
            If there was no pre-letting g1 Notice, what you served has no impact; but you could ask Court to exercise its discretion.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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            • #7
              Originally posted by jeffrey View Post
              You're right (and Tom isn't). Ground 1 can be used even if no g1 Notice was served before the Letting started. However, although g1 is mandatory, it would be for the Court to decide if it wants to exercise its discretion to overlook lack of Notice. It might view the disrepair with disfavour.
              Originally posted by jeffrey View Post
              If there was no pre-letting g1 Notice, what you served has no impact; but you could ask Court to exercise its discretion.
              If there was a pre-letting g1 notice, this would most likely give OP mandatory possession; as there was none, it's not applicable (or at the very most, at the Court's discretion -but unlikely given the disrepair), which is what post #2 implies.
              The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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              • #8
                OK. I misunderstood post #2; it seemed to suggest that g1 never applies unless a pre-letting Notice was served (which, we now agree, isn't so).
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                • #9
                  If this is an assured shorthold tenancy, and you've complied with deposit protection requirements, serve a s.21 notice, then you won't have to rely on the court's discretion.

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                  • #10
                    Originally posted by westminster View Post
                    If this is an assured shorthold tenancy, and you've complied with deposit protection requirements, serve a s.21 notice, then you won't have to rely on the court's discretion.
                    True, although the Notice period may be a problem for L.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

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                    • #11
                      no s20 so i think its assured tenancy.

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                      • #12
                        Originally posted by julie mist View Post
                        no s20 so i think its assured tenancy.
                        If tenancy began between 15 January 1989 and 27 February 1997 and no s.20 notice served, then it's an assured tenancy. Very hard to evict.

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                        • #13
                          Originally posted by westminster View Post
                          If tenancy began between 15 January 1989 and 27 February 1997 and no s.20 notice served, then it's an assured tenancy. Very hard to evict.
                          1. All 1988 Act residential tenancies are Assured Tenancies.
                          2. Some are Assured Shorthold Tenancies.
                          3. The rest are Standard Assured Tenancies. That's probably what post #12 means.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

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