Errors in AST
Possession - Section 8 and Section 21

4 Thanks
71 Posts
10 years ago
We have been asked to help a landlord who has a tenant in arrears.
The tenancy was set up by a small agency and has a number of significant errors as follows:

The property address on the front page of the AST is correct but the address on the tenancy particulars is incorrect (house number 68 when should be 81)
The tenancy start date is 2nd July 2012 end date 2nd January 2013 - the tenant signed the agreement on the 19th July 2012.
The agreement states a deposit of £500.00 although the tenant has never paid the deposit.
The tenant was not given statutory information regarding the protection of the deposit.

The tenancy is now periodic and the tenant is over 3 months in arrears. The landlady wants the tenant to leave.
On the 1st November 2012 the agent sent a letter to the tenant stating: "...the Shorthold Tenancy expired on 19th January 2013" and goes on to say: "...please accept this letter as two month notice from 1st of November 2012. The owner requires possession of the property on the 19th January 2013".

My questions:

Does the letter of 1st November count as 2 months notice or do we need to issue a Section 21 giving 2 months notice?
We intend issuing a Section 8 - do we need to issue a Section 48 first?
Is a possession order likely to succeed given the irregularities in the tenancy?
Any further advice on how to proceed.

Thanks for your help.


Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £99 you can join in the discussion and get access to member's only resources and services.

As the home for landlords, the NRLA are here to help you save time, save money, and stay compliant. NRLA membership gives you access to a vast range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members. We also play a pivotal role in campaigning and championing the interests of landlords.