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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

I want to serve notice but do not have a copy of the original tenancy agreement. What can I do?

3 May 2022 | 1 comment

Landlord is deceased and we are ‘looking after’ some properties whilst probate is going through.  We want to serve a section 21 to a tenant but there does not appear to be a copy of the original tenancy agreement in the file.  We do have other documents proving when the tenancy starting including the DPS certificate.  Is there anything we can do or should we start with a new tenancy agreement?

Answer

1 Comment

  1. guildy

    This shouldn’t be an issue as there’s no requirement to have a written tenancy to obtain possession. However, you wouldn’t be able to use the more straightforward accelerated possession procedure (instead, you’d use the standard method).

    However, to serve notice, you will need to show the landlord gave everything (gas safety, EPC, How to rent guide etc.), so you may have to send those first.

    Please see this guide in the first instance and there’s also our possession notice wizard which guides through everything needed.

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