Possession order / selective license

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    Possession order / selective license

    I served a Section 21 on September 27th so the 2 months notice is up next week.

    The property is in a Selective licensing area of Newcastle Upon Tyne. The license was required from October 1st, the one I had expired last April.

    It is my intention to live in the property when the tenant leaves. The local authority have indicated they will issue me with an exemption for the selective license.

    Is an exemption certificate likely to satisfy a judge? I don't want to pay £355 for a possession order to have it thrown out. I'd rather pay for a license (that I won't need) than have that scenario.

    Any advice would be appreciated.

    #2
    s21 would be invalid: S98 HA 2004
    http://www.legislation.gov.uk/ukpga/2004/34/section/98

    Within part 3
    http://www.legislation.gov.uk/ukpga/2004/34/part/3

    Of course...
    a) Tenant may just go...
    b) Judge might not realise...

    Can't see anything about exemptions granting retrospective magic to validate invalid s21s.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      How would s21 be invalid though? The property was licensed at the time of the TA. It didn't need a license when I served a S21 as the new licensing period hadn't started. And by the time I file for a possession order I will have an exemption notice.

      Comment


        #4
        Up to you but I would be inclined to take the risk.

        Comment


          #5
          So on September 27th, was there a requrement that the property be licensed?
          And, if there was, was it?
          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
            On September 27th a license was not required. The previous one (which I had) expired last April. A new one was not required till October 1st.
            Some councils require you to immediately apply for a new license but Newcastle City Council didn't demand that this year.

            Comment


              #7
              I agree with your point - the s21 notice is "given" when it's served.
              It will come down to the judge (although I don't think buying the license now will actually change the situation).
              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

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