non paying tenant, s21 - UNSIGNED AST!

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    non paying tenant, s21 - UNSIGNED AST!

    Some advice needed please!

    I need to evict my tenant, over numerous issues (non payment of rent, anti social behaviour, threatening violence to neighbours etc).

    I have asked a company legal4landlords to act on my behalf to serve a section 21, and section 8 on my tenant. They have asked me to provide them with:

    * a rent schedule, which I have done so
    * proof of secured deposit, which I have done so
    * a signed copy of my AST agreement..... which I have not done so yet - reason being I have still got 2 copies of the AST (the tenant also has one), but I have only got unsigned copies!! I cannot find the signed copy anywhere! I have no idea where it could be, have searched high and low for it, but cant find the missing signed page.

    I'm an idiot, I know! What does this mean for me? does this mean that I cannot serve a s.8 or s.21??
    The AST was originally signed by the tenant and myself in July'09, he moved in 1st Aug'09 on an initial 6month AST - so I understand he is now on a monthly periodic.

    But how can I proceed without my signed copy of the AST? I doubt very much the tenant will give me his copy - as he has already advised me he has no intention of moving out, and has not paid rent for the last 2 months!

    Help please!

    #2
    Any Letting Agreement for 3yrs. or less can be oral, written, or by Deed- so its unsignedness does not stop it from being potentially valid (if all other criteria for it being an AST are duly satisfied).
    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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      #3
      Ok, many thanks for that - i'll send off the (unsigned!) copy of my documents to get the process started, thank you

      Comment


        #4
        Is this the same tenancy discussed in your previous thread?
        http://www.landlordzone.co.uk/forums...d-what-happens

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          #5
          Originally posted by dons1983 View Post
          Ok, many thanks for that - i'll send off the (unsigned!) copy of my documents to get the process started, thank you
          Expect the s21 process to cost you more - as without a signed tenancy agreement the company will not be able to use the accelerated procedure - so there will have to be a court hearing, and hey will have to provide suitable staff to attend that.

          Out of interest, why are you using a company to do this and not DIYing? When I last checked the former is five times more expensive.

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            #6
            With the number of things you can easily get wrong if you don't know exactly what you are doing, I can't blame anyone who would prefer to spend money to have an experienced company do it for them.

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              #7
              Originally posted by sdraw107 View Post
              With the number of things you can easily get wrong if you don't know exactly what you are doing, I can't blame anyone who would prefer to spend money to have an experienced company do it for them.
              I am not criticizing dons1983, just interested in their opinion. We hear stories on here frequently of incorrect solicitor issued s21's and yet there is actually very little to get right in the s21 process. Admittedly, there is almost no leeway, but it isn't difficult to get it right. A solicitor or 'professional company' is not going to be able to get possession more speedily that a DIYer, indeed, a DIYer has more reason to react immediately to things, thus speeding up the process.

              I am going to throw a similar question at you sdraw107, you have obviously had a s21 go wrong, what was your story? Are there lessons that others can learn from your experiences?

              Comment


                #8
                Originally posted by Snorkerz View Post
                A solicitor or 'professional company' is not going to be able to get possession more speedily that a DIYer
                And quite often there are threads from members who've paid a solicitor etc and the notice turns out to be wrong...

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