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S21 validity

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I have issued a Section 21 and valid gas safety certificate to my tenants of 13 years.

I have kept the boiler serviced and certificated, however, over the years, several of the certificates have had gaps of a few months due to my poor record keeping, but I have always had the boiler serviced and certificated as soon as I had realised my mistake.

The council is challenging the validity of the S21 saying that it is invalid because I did not have certificates in place for the entire time, and hence, they cannot help rehouse the tenants and will be advising them to challenge the eviction in court.

The tenants have been with me since 2006, and are now in ill health and have asked me several times in the past to evict them so that they can get a ground floor flat through the council. I have always refused these requests, but now need to evict them in order to sell the property, so they are quite happy about it.

My question is: is the council correct? Can the possession order be refused on the ground that a valid gas safety certificate wasn't in force at all times?

09/09/2019 11:46

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