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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15062
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Not sure how this works but I have a tenant that is in 2

This answer was rated:

Hi, Not sure how this works but I have a tenant that is in 2 months arrears with rental payments. We wish to issue a Section 8, but have been told the fact that we did not document and get teh Tenant to sign the DPS information means this cannot be done. If this is the case what are our options as we can't retrospectively obtain this?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: We have issued a Section 8 previoulsy, but this was not documented sufficiently I had a photo of the Tenant holding teh document to show receipt but this did not show the qwording so no evidence the document is what is stated, we wish to re-issue.
JA: Where is the property located?
Customer: Streatham
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi,

Thank you for your query.

You do not need to provide a DPS Certificate if you are issuing under the grounds of Section 8. This is only required if issuing a claim following the expiration of a Section 21 Notice.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks,

Customer: replied 6 months ago.
Hi, many thanks for your response, and apologies for the follow up. Does this mean that we are still able to issue the Section 8 (with the necessary proof of delivery), even through the tenant never provided a signed copy of the original DPS to confirm receipt/acknowledge this document? And we can, if needed, progress to a Court application after the 2 week period without any risk of counter claim?

Hi,

Yes you can still issue the section 8 Notice and proceed to issue a aim for Possession without the DPS Certificate.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks

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