My landlord client wants to evict his tenant as he is in the process of selling the property. The tenancy commenced in September 2016, however the landlord failed to provide a gas safety certificate prior to the tenant moving in, he protected the deposit late and provided the How to Rent checklist and EPC just before serving a s.21 notice. Is the Section 21 procedure a non-starter?
in terms of the deposit breach – it is with the DPS and the landlord has authorised for it to be released to the tenant however the tenant is refusing to withdraw it from the DPS.
The landlord has looked at the section 8 route but appears to only be able to rely on the discretionary ground that she does not pay her rent on time. So this is a risky route, one of which the landlord is not keen on spending money on if possession cannot be guaranteed.
The landlord is keen to get possession so that he can sell his property. The tenant appears content in defending all proceedings.
Is there any way around the Section 21 issue? the Landlord has considered providing her with a new AST but this would not get around the fact that the gas safety was not provided to her prior to her moving in the property. Also she is unlikely to agree to a new tenancy.