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Section 21 and GSC

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Frustrated
Frustrated
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I hope you can help me. My husband and I have recently separated and I desperately require possession of my flat. The tenant took occupation in 2013. Since then she has had children and become a single mother. She has gone to the Council to be rehoused and they have told her not to move out. They have raised the gsc problem and said that my Section 21 Notice is invalid as tenant says that she never received gsc.
The Managing Agent who looked after the property in 2013 was a stickler for paperwork so I know she would have been given it. However, I can't prove it. That Managing Agent and I fell out a couple of years later and I moved to a local branch of a well know national chain. He has since retired and the man who took over his business did not keep old files (although he was given old files going back 15 years - like I said he was a stickler for paperwork!).
The current Managing Agents are being very unhelpful. When I pressed upon them the importance of being able to show that she had been given the gsc they said "sometimes she collects documents from the office, sometimes they are sent to her. We have no way of confirming what documents are given to her". I am stunned by this especially in light of the decision in the Monty Shooltz case in February 2018. She signs a new tenancy in August of every year (the last one being August 2018).
It looks like I am going to fall foul of the Section 21 and gsc problem. A gsc is obtained in January/February every year.
I employed a solicitor. At the beginning I thought it was a straightforward process but now it has turned into a nightmare. My solicitor didn't react to the Managing Agent's reply. I am livid about their unhelpful attitude and I am wondering whether I have any case against them. My first section 21 notice was held invalid by the court because the managing agents served it by email when the Tenancy Agreement drawn up by them specifically states that notices must be served by first class post.
Thank you

12/10/2019 11:39

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