Tenancy agreement lost – what to do when evicting?

The lack of the original tenancy will exclude you from the accelerated procedure. You can still it s21 for the normal procedure, just sort out those minor paperwork issues

It's not up to the council to determine the legality of the notice. Many councils provide such advice to tenants, which I suspect is largely to delay adding to the housing waiting list.

If the s21 is valid, then what's the issue?

I suggest you see an eviction specialist.

The 'Accelerated' process in many courts isn't any quicker than not using the Accelerated route.

Nothing to do with the council.
When the (2 months) notice period expires, apply to the Courts for a possession order.
If S21 isn’t available, use S8.
I’d also recommend using an eviction specialist.

If the original tenancy agreement is lost, try to recreate as much documentation as possible. Collect evidence of rental payments, correspondence with the tenant, and any other relevant documents. You might be able to provide an affidavit or a statutory declaration regarding the lost tenancy agreement, detailing the terms and conditions as you remember them. Ensure that the Section 21 notice is correctly served and complies with all legal requirements, including the timing and manner of service. Verify that all other necessary paperwork (such as gas safety certificates, energy performance certificates, and deposit protection scheme details) is in order and properly provided to the tenant.
If I were you, I would:
1. Request a meeting or detailed written explanation from the council about the specific paperwork issues that led to the case closure.
2. Work to address the council's concerns and provide any additional documentation or corrections needed to comply with their requirements.
Also important to mention, that you can try to communicate with your tenant to reach an amicable solution. Sometimes, mediation can help resolve disputes without the need for formal eviction proceedings and consider offering incentives for the tenant to leave voluntarily, such as assistance with moving costs or a small financial settlement.
If the tenant has breached the tenancy agreement (e.g., causing damage to the property), you might be able to serve a Section 8 notice on specific grounds. As a last resort, you may need to initiate court proceedings to gain possession of your property. This process can be lengthy and costly, so it's often a last resort.
Document any damage or lack of maintenance by the tenant. Take photographs and keep detailed records. If the tenant's neglect is causing significant damage, you may have grounds for legal action to recover the costs of repairs. And you have to keep digital copies of all tenancy agreements and related documents to prevent loss in the future.

Lots of extra work for no need. It's the court not the council he needs to deal with. N5. Complete with all the docs required for n5b

When looking up information it seems an S21 is invalid if no EPC/gas certificates/How to rent guide issued - no mention of not having a written contract!

No, or at least not in this specific case.. You need a current gas safety certificate and proof it has been served. It would also help to have previous ones but it is not fatal. (Townley or something similar is the case law).
For tenancies starting after a particular date (can't recall it's about 2004 ish) them there needs to be a valid EPC at the start of the tenancy. It doesn't matter if it expires during the tenancy..the how to rent guide can be served any time before s21 and the error is rectified

See a specialist in eviction forget what you are reading on.here this is from a landlord of 25 years involvement in prs.

From ChatGPT app: Dealing with tenant eviction issues can be challenging, especially when encountering bureaucratic hurdles. Here's a structured approach to resolving your situation:

### 1. Review and Correct Paperwork
- **Tenancy Agreement**: While losing the tenancy agreement complicates matters, it’s not necessarily a deal-breaker. Gather any other documentation that can establish the terms of the tenancy, such as rent receipts, communication with the tenant, and any records from the lettings agency you previously used.
- **Section 21 Notice**: Ensure the Section 21 notice is valid. A valid notice must comply with all current legal requirements, including providing the tenant with an up-to-date How to Rent guide, gas safety certificate, and Energy Performance Certificate (EPC) at the beginning of the tenancy and prior to issuing the notice.

### 2. Legal Compliance Check
- **Paperwork and Documentation**: Verify that all paperwork required for a Section 21 notice is in order. This includes ensuring that any deposit taken was protected in a government-approved tenancy deposit scheme and that the tenant was provided with the prescribed information about the deposit within 30 days.
- **Address Council’s Concerns**: If the council closed the case due to minor paperwork issues, address these issues. Correct any errors or omissions in the paperwork and re-issue the Section 21 notice if necessary.

### 3. Re-Issue Section 21 Notice
- **Serve Correctly**: Serve the Section 21 notice again, ensuring that it complies with all current legal requirements. If any documentation was missing or incorrect previously, ensure that it is provided accurately this time.
- **Notice Period**: Ensure the correct notice period is given. As of the latest regulations, the notice period for a Section 21 notice is typically two months.

### 4. Consider a Section 8 Notice
- **Grounds for Section 8**: If the tenant is not looking after the property, you may have grounds for eviction under a Section 8 notice, which can be used if the tenant has breached the tenancy agreement terms. Common grounds include property damage, rent arrears, or antisocial behavior.
- **Grounds and Evidence**: Collect evidence of the tenant’s failure to maintain the property or any other breaches of the tenancy agreement. Serve the Section 8 notice citing the relevant grounds and ensure you comply with the correct notice periods and procedures.

### 5. Legal Assistance
- **Solicitor or Eviction Specialist**: Engage a solicitor or an eviction specialist who can navigate the legal complexities and ensure that all procedures are correctly followed. They can also represent you in court if necessary.
- **Possession Claim Online (PCOL)**: Consider using the Possession Claim Online service to expedite the process of applying for a possession order through the courts.

### 6. Court Proceedings
- **Apply for a Possession Order**: If the tenant does not leave by the end of the notice period, apply to the court for a possession order. Ensure all paperwork and evidence are correctly prepared and submitted.
- **Court Hearing**: Attend the court hearing where a judge will decide on granting a possession order. If granted, the tenant will be given a date by which they must vacate the property.

### 7. Enforcing the Possession Order
- **Bailiff Services**: If the tenant still does not leave after the possession order is granted, you may need to apply for a warrant of possession. This allows bailiffs to evict the tenant.

### Summary
1. **Correct Paperwork Issues**: Address any paperwork issues identified by the council.
2. **Re-Issue Notices**: Serve a new Section 21 or consider a Section 8 notice.
3. **Seek Legal Assistance**: Engage a solicitor or eviction specialist.
4. **Court Action**: Apply for a possession order through the courts if necessary.
5. **Enforce Possession**: Use bailiff services if the tenant does not vacate.

By following these steps and possibly engaging professional legal assistance, you can navigate the complexities of tenant eviction and protect your property interests.