Section 21

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T
Tweety
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Hello.

I own an established shared house with 6 tenants over 2 floors. The tenant moved in August 2010 on a 6-month AST. At that time the house did not need a HMO licence as advised by the council. We also gave a Section 21 notice at the same time as no deposit. However from December 2010 we had to have Additional HMO Licence which we applied for and got.

We have now gone for the Accelerated Procedure with the S21 to evict this tenant for non-payment of rent. The tenant has now lodged a defence stating that the S21 was not valid as the house was not a HMO when the S21 was served.

What do we do now? As far as we are concerned the S21 is valid as at time of serving we did not need a HMO licence.

Thanks for you help.

01/07/2011 00:00

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