Our tenants moved in in 2012 with a AST tenancy which went to statutory periodic the same year. No rent raise or change of contract since.
Want to serve S21 but solicitor advising that we need to fix maintenance issues before serving S21.
She says “the law does not allow landlords to commence possession proceedings when there are outstanding complaints about the condition of the property.”
There has not been an improvement notice served, but she thinks if it went to court, that the court will think it retaliatory and is likely to be struck out.
My understanding is that the maintenance issues are only relevant if the tenancy was after 2015. Is this the case?