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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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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.
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