Ammended Tennancy particulars on agreement?

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I am a newby to the forum, however I am a little confused. Basically I am in a situation of selling a lease on a one bed flat. The buyer wants tennant out before completion. tennant moved in officially on the 1st October 2008 as per agreement on an AST. which is now periodic. I have served section 21a on tennant. Who is registered disabled and has a drink problem. He went to the LA homelink service with his tennancy agreement and section 21 notice. The homelink service are rejecting the section 21 on the grounds that an unsecured deposit of 300 is stated on the tennacy particulars page from 2008. However, after being cold called by the homelink service. I could not gather my wits fast enough or papers and receipts to hand to dispel their afrontery. I have sifted through and can prove no deposit was ever paid. Reason being. The original agreement was drafted on 30/08/2008 for a tennancy start commencing on the 01/10/2008. I served a Notice of intent on the 27/08/2008 which tennant signed worded to the effect I was giving him early access with key to get the flat ready for his official 01/10/2008 tennancy start. I unwittingly put a figure of 300 in the deposit box on the particulars page in the August at the time I drafted it on the pretext I would have a deposit come 01/10/2008. As things progressed, no money was ever forthcoming in respect of a deposit. And I never forced the issue. I provisionally struggled to get one months rent in advance. Which was in the form of some tools a 100 in cash with the remainder carrying over to the following month. What I failed to do at the time was to ammend the particulars by cancelling where 300 was showing and replace it with a 0. Now homelink have seized on this mishap and aren't acknowledging the section 21 notice.I have a signed statement today by the tennant agreeing that no deposit was paid. I have all my receipts from 5 years ago and there is nothing on paper confirming I took 300 deposit. Having stated all this. My Big question is "Can I draft another tennacy particulars page dated today in respect of a AST commencing in 01 October 2008 to reflect things like the rent rises over the time of tenure. Originally weekly rent was 75/week it is now 85/week but the original particulars page doesn't reflect this. And while I am about it I can correct the deposit box to '0' which is correct. Then re admit the section 21a to bring the periodic to an end? Because I really need the sale to happen in order to free up some capitol to pay off a BTL prop. Thanks in earnest.
02/08/2013 00:00

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