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hi

i have a question for you all will try to make it simple your advice will be much appreciated

 

i have a tenancy agreement signed on the back page by owner/ landlord

 

on the first page it has the name let's say arthur biggs of renttoday ltd not signed

 

accelerated process procedure applied for

 

but agent arthur biggs has signed all court papers not the landlord/ owner

 

will this make the order invalid

 

many thanks

 

 

also the ltd company mentioned on the agreement dissolved compulsory strike off several years ago companies house

Edited by dx100uk
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From what I have seen in the county court technical defences to possession claims such as you have described don't work. What does work is defects relating to service of section 21 notice and the protection of deposits. But there are fewer defences than there used to be regarding the former for tenancies that began after 1 October 2015. It must be remembered that, in the final analysis, the landlord owns the property and has a right to recover possession. Therefore a tenant must come up with a good defence if s/he is to defeat a possession claim. But, even if a defence is successful, the landlord can just try again.

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Anyone, with permission of LL, may serve a Repo Notice s8/s21 the only 'Court' papers reqd.) even if Agency is defunct, but only LL. T, or Solic acting for either Party, may address the Court. ASTs

OP might raise a doubt in Court's mind, so may delay a decision to allow for further clarification/hearing, but LL will eventually obtain Repo Order, even if he has to reissue Notice. IMO

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Hi mandy74430

 

You mention in your last post 'court papers on the dissolved agent'.

 

Could you please clarify that you are stating the letting agent used by the landlord is now dissolved? (if something else please clarify?)

 

Who is the Letting Agent?

 

Have you have received a Particulars of Claim (POC)? (what does is state? see how to upload here: http://www.consumeractiongroup.co.uk/forum/showthread.php?431533-How-to-Upload-Documents-Images-as-PDF-on-CAG-Immediately-(you-do-not-need-10-posts)

 

Could you give us a brief history from the start of how it has led to this situation? (when did tenancy start, what type of tenancy, how long was the tenancy for, was a deposit paid and protected, what notice was given when and reason i.e S21 was it served correctly).

 

We do need more information to be able to assist you further.

 

Please be patient others will be along to advise

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Could you please clarify that you are stating the letting agent used by the landlord is now dissolved? (if something else please clarify?)

yes agent dissolved in 2010 we was not notified in 2013 of new agency same people

 

Who is the Letting Agent?

sooner not say

 

will try and upload some docs

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  • 5 weeks later...

the management company dissolved without changing tenancy agreement

s8 issued but being defended

 

but the agreement is still in name of dissolved company struck of involuntary

will this make s8 invalid and ltd company would have to re instate to claim any arrears

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