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Hi, in December I issued a section 21 to a long standing tenant, this was brought on as they repeatedly failed to comply with my verbal and written requests to comply with various conditions of the contract, though they do pay their rent. The landlords association legal advice team advised this method of removal as it removed any ambiguities with regard the extent of failure to comply.
In April I applied to the court, again taking advice about what I needed to do in order to comply and submitted dozens of pages in support of the claim. Amongst others this included 11 gas certificates, 2 contracts (2013 & 2017), the relevant 'right to rent' leaflet and what I believed was all other documentation required to be submitted and ticked the box to say I was happy to wait the additional 2 weeks so avoiding the need to attend a hearing. Around 3 weeks later I received the accelerated possession notice and waited patiently.
I received notification of the case being registered and waited patiently. I don't believe the tenant appealed as I didn't receive a notification from the court.
This week I received notification from the court, the claim has the been struck off for failing to provide evidence of handing over a government 'how to rent leaflet', proof that as far as I or the Landlord's association can see isn't required to submit the claim. As the tenant didn't appeal this clearly wasn't raised by them. How can a case be dismissed for failing to provide a document that wasn't required for the submission?
Here's the wording of the refusal:
1. Claim struck out. The claimant has not supplied evidence that the tenant was given the latest version of 'How to rent' before service of the s21 and/or when the tenancy became a statutory periodic tenancy.
2. The claimant has 28 days from the date of the order to apply for the claim to be reinstated pursuant to CPR55.16 (4)(b).
I know the document was handed over at the correct time of the tenancy but unfortunately so far I've been unable to locate the signed receipt.
Do I have any redress or am I back to restarting the whole process?
Many thanks in advance.
In April I applied to the court, again taking advice about what I needed to do in order to comply and submitted dozens of pages in support of the claim. Amongst others this included 11 gas certificates, 2 contracts (2013 & 2017), the relevant 'right to rent' leaflet and what I believed was all other documentation required to be submitted and ticked the box to say I was happy to wait the additional 2 weeks so avoiding the need to attend a hearing. Around 3 weeks later I received the accelerated possession notice and waited patiently.
I received notification of the case being registered and waited patiently. I don't believe the tenant appealed as I didn't receive a notification from the court.
This week I received notification from the court, the claim has the been struck off for failing to provide evidence of handing over a government 'how to rent leaflet', proof that as far as I or the Landlord's association can see isn't required to submit the claim. As the tenant didn't appeal this clearly wasn't raised by them. How can a case be dismissed for failing to provide a document that wasn't required for the submission?
Here's the wording of the refusal:
1. Claim struck out. The claimant has not supplied evidence that the tenant was given the latest version of 'How to rent' before service of the s21 and/or when the tenancy became a statutory periodic tenancy.
2. The claimant has 28 days from the date of the order to apply for the claim to be reinstated pursuant to CPR55.16 (4)(b).
I know the document was handed over at the correct time of the tenancy but unfortunately so far I've been unable to locate the signed receipt.
Do I have any redress or am I back to restarting the whole process?
Many thanks in advance.
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