Accelerated Possession Section 21

[johnkirk]

Hello
i am a landlord and asked my tenant to leave (over a year ago); he did not leave so I used section 21 accelerated possession route (all gas certificate, EPC, etc. are in order for the last 3 years of tenancy).

He defended the claim, stating that tenancy agreement started 10 years ago and so I was missing 7 years of gas, EPC, etc.

Q: should I file witness statement to reply to his defence now or later (prior to hearing)?
(witness statement would be that tenancy agreement was for the last 3 years only, with proof by email from agent confirming those were the facts)

[atticus]

I would disclose all evidence now.

You may do better to try one of the landlord law fora out there.

[islandgirl]

Has he actually lived there 10 years? That may be a big issue if so. When was deposit taken? Protected?
Try the forum "Landlordzone" who are great

[efpom]

Facts:
Landlord was in breach – no gas cerrtificate.
Landlord cured breach
Q? Does that mean Landlord can never use the S.21 posession process
A? No
Authority: Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760
https://www.bailii.org/ew/cases/EWCA/Civ/2020/760.html

[islandgirl]

Deposit?

[efpom]

OK a bit more time now.
The s.21 accelerated possession drops out as tenant has filed a defence. Defendant seems to rely on the fact that historically Landlord was in breach of the law. - gas certificates.
That defence goes nowhere landlord has cured breach. - case referenced above.
There will be a hearing on whether to grant s.21 possession order
There will be directions issued by court - parties to file and serve witness statements. Landlord files and serves copies of gas certificate as exhibits to his witness statement.
Landlord would be well advised to post up the defence on here - redacted.

[islandgirl]

Again, status of deposit?