Errors in AST

This topic has been locked as no posts have been made within the last 90 days.
P
Pedro
70 Posts
4 Thanks
We have been asked to help a landlord who has a tenant in arrears.
The tenancy was set up by a small agency and has a number of significant errors as follows:

The property address on the front page of the AST is correct but the address on the tenancy particulars is incorrect (house number 68 when should be 81)
The tenancy start date is 2nd July 2012 end date 2nd January 2013 - the tenant signed the agreement on the 19th July 2012.
The agreement states a deposit of 500.00 although the tenant has never paid the deposit.
The tenant was not given statutory information regarding the protection of the deposit.

The tenancy is now periodic and the tenant is over 3 months in arrears. The landlady wants the tenant to leave.
On the 1st November 2012 the agent sent a letter to the tenant stating: "...the Shorthold Tenancy expired on 19th January 2013" and goes on to say: "...please accept this letter as two month notice from 1st of November 2012. The owner requires possession of the property on the 19th January 2013".

My questions:

Does the letter of 1st November count as 2 months notice or do we need to issue a Section 21 giving 2 months notice?
We intend issuing a Section 8 - do we need to issue a Section 48 first?
Is a possession order likely to succeed given the irregularities in the tenancy?
Any further advice on how to proceed.

Thanks for your help.

Peter
14/10/2013 18:37

Want to read more?

This is a members only forum, if you want to read more you need to login to your membership, if you are not a member, click here to join.

This topic has been locked as no posts have been made within the last 90 days.
Landlord & Investment Show
Martin Co
Envirovent
Landlord Broadband

Share this page