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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a DSS tenant that has occupied my flat since 2008.

Resolved Question:

Hi, I have a DSS tenant that has occupied my flat since 2008. A new contract was issued on 15th July 2013 to reflect updates in a name change. He has told me he will not vacate 14th July 2015. He was served a section 21 notice 2.5 months ago. The council has told him not to vacate until a court order/bailiffs knock on his door.
I will be using an accelerated possession via the courts on the 15th July via an online service for £280.
My questions involve my documents being legally binding
1. My copy of the 21 notice has added text on it at the bottom which I included to confirm receipt (I confirm receipt of this notice; Tenant) with his signature, printed name and date. Does this void the document or confirm reciept?
2. The tenancy agreement has no witnesses, it's my understanding that although he has been there 7 year, the new agreement is only 2 years old and if under 3 years does not require signatures to be binding?
3.My brother is a landlord too but not on the tenancy agreement, is this ok?
4. The assured short hold tenancy agreement when detailing who the landlord and tenants are list his address as my flat address, is this ok or should it have no address details for him?
5. I also have a cover letter that states he received the section 21 notice, if question 1 above is ok, do I need to send this with my application?
6. Finally if all is in order above, will I have minimal reason for the court to throw out my claim or should I visit a solicitor prior to serving notice? All looks straight forward however if the above is legal and valid?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
1. No, this doesn't void it
2. Yes it is still binding
3. That is fine
4. Yes this is ok
5. No need, but you can send if you wish. All the court will want to know is did you send it
6. If the Court is concerned they will list it for hearing rather than accelerated procedure
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex