How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69546
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

I have issued a section 21 notice to the tenant but have

Resolved Question:

hi, I have issued a section 21 notice to the tenant but have lost the tenancy agreement, how can I still get an eviction order in court
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you still in the AST period?
Customer: replied 1 year ago.

no, the short term tenancy was for 1year, it is now a periodic tenanct

Expert:  Remus2004 replied 1 year ago.
I presume you still have a record of the rent payments and their dates?
Customer: replied 1 year ago.

nothing written down, but tenant pays rent every 4 weeks from her housing benefit. The council may have scanned a copy of the tenancy onto their system but I am not sure if they would give me a copy.

Expert:  Remus2004 replied 1 year ago.
Do you know what happened to the original AST? Was it sent into the council to evidence the claim?
Customer: replied 1 year ago.

Yes, I have already said above, the council have scanned the ast onto the tenants fie but they may not give me a copy, What will happen in the eviction court without a copy of the ast,what are my options

Expert:  Remus2004 replied 1 year ago.
That isn't in your post above?
Expert:  Remus2004 replied 1 year ago.
You can still seek a possession order without the original AST. You will just have to explain to the court the absence. There's no particular reason that the council shouldn't give you a copy and I know that they do often demand sight of the original. The court will usually accept that explanation for that reason. There should be a box in the possession of forms to explain things of this nature. As long as you have a record of the dates of payment and the receipt of payment from housing benefit they shouldn't be any difficulty with proving that a contract existed anyway and since you are in the periodic term rather than fixed term it doesn't much matter when it began as long as your section 21 notice gives two months notice. Can I clarify anything for you? Jo
Customer: replied 1 year ago.

the section 21 has given more than 2 months notice. Are you saying I can go to court without the ast , I only need a receipt from the council that they have been paying the tenant housing benefit. Also could the council refuse to give me a copy of the ast because of the data protection act, or could I insist on a copy because my signature is also on the ast

Expert:  Remus2004 replied 1 year ago.
You only need a copy. You will have to explain the absence of the original. There is no reason the council should refuse a copy.
Customer: replied 1 year ago.

just to clarify, If I ask judge for eviction notice and I have no written ast, he should give eviction notice provided I have some written proof fro housing benefit dpt that they have been paying her housing benefit from say 3 years ago. Will i need to give judge any other proof

Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Remus2004 replied 1 year ago.
Well, it does depend on the Judge but usually they will accept that explanation.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69546
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.