Thank you very much! I am not named as landlord on the tenancy, the other owner is. I have a copy of the title register, which proves joint ownership. The owner is my ex-partner; he has been hiding information pertaining to the tenants (he found them) to stop myself and our child moving back in the property.
The DPS certificate shows a tenancy of 2011-2012. The tenancy I have a copy of has no date on it. I think perhaps the other owner made an error in that the front page of the tenancy is dated 2012-2013 as though it is a rental term but he has used a section 21. He isn't very bright so I think he has done this in error.
If I apply for a possession order via the accelerated procedure, do you think it it would be accepted were I to write a covering note highlighting the fact that the co-owner made an error on the front page of the tenancy, however this tenancy agreement is just a follow on of the tenancy created in 2011 (provable by the DPS certificate)? Clearly there is a tenancy. The only issue I can see is the fact that the first page of the current agreement is a S21 notice.
I am reasonably sure that by dint of being a joint owner I am legally considered a landlord even if not named on the agreement.
I want to go to the court today to file the application, however, I don't want to lose money of the judge rejects it. If it is rejected would it be listed for a hearing or just rejected and money down the drain as regards ***** *****?
Sorry, this is a complicated situation. Your assistance is appreciated.
But if they don't fight it (they want to be housed by the local council) might it be straightforward?