Invalid Section 8? What to do?
On June 3rd I issued a Section 8 notice to a tenant renting a room in a four bedroom HMO.
The tenant is currently in 4 months rent arrears.
The tenant is receiving legal aid and their solicitor has filed a defence and counterclaim.
The main item on the defence is that the Section 8 is invalid as I (foolishly) did not make reference to the specific room the tenant rents on the notice, I only put the property address.
The hearing has been set for October 4th.
I have a number of questions that I am struggling to get an answers to, but my main question is, assuming the Section 8 is invalid, what is the best way for me to proceed from here?
Also, what would be the implications of me serving a valid Section 8 between now and the hearing? Would a new Section 8 supersede the last or would the court only look at the original Section 8 that was served.
Finally, if there is little hope for me with this hearing, what steps should I be taking now to gain possession of the room?
Any help and advice is much appreciated.
A couple of other points:
1: I have not instructed a solicitor and am a little reluctant to do so, if the significant likelihood is that the claim will be dismissed due to an invalid Section 8.
2: I did not provide the tenant with a copy of the gas safety certificate when they moved in back in May 2018
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