A question on section 21 documents needed?

A question on section 21 documents needed?

9:31 AM, 6th February 2024, About 4 weeks ago 23

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Hello, I have issued a section 21 notice to my long term tenants recently, their latest rental agreement was dated back in 2010 on a rolling basis. I got advice from NRLA that I don’t need to comply with the current legal requirements – I should just put a note on my application that the tenancy agreement is prior Oct 2015 when submitting documents to court.

My tenants have told me they have had advice from the council’s housing department that I need to reissue a section 21 notice and supply it with the Gas Safe certificate, the deposit certificate, the EPC certificate and How to Rent guide.

They can’t be rehoused by the council because of the lack of supporting documents.

I’m a bit confused on whose advice to follow. I wonder if anyone else has experience on this. I don’t want my application to get rejected by the court and then have to start again.

I do have most of the required documents apart from the How to Rent guide, which was not there when their tenancy agreement was signed, the deposit certificate was dated a year earlier with their original tenancy agreement, it was on a rolling basis when the tenancy agreement was renewed. The EPC certificate was in date when the tenancy agreement was signed, but it had expired when section 21 was issued.

I read somewhere that there is no legal requirement to renew the EPC certificate if the same tenants stayed in the property.

Thank you.


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Comments

NewYorkie

10:06 AM, 6th February 2024, About 4 weeks ago

This is a highly relevant question. I think there will be an increase in S21s as the prospect of a Labour government looms. We all need to know the facts.

DAMIEN RAFFERTY

10:10 AM, 6th February 2024, About 4 weeks ago

So serve your tenant with the latest How to Rent guide by post , email and any other way you can.
Maybe proof of posting from the post office.
However I do think that without a current How to Rent guide that your S21 will indeed fail when it goes to court.
Does your tenant want to leave ?
Will they be rehoused in council accommodation ?
So mum with 3 kids YES
Single bloke with job NO
You get my meaning ?

NewYorkie

10:12 AM, 6th February 2024, About 4 weeks ago

Reply to the comment left by DAMIEN RAFFERTY at 06/02/2024 - 10:10
What's the answer about the EPC?

DAMIEN RAFFERTY

10:14 AM, 6th February 2024, About 4 weeks ago

You have up to date GSC and ALL the old ones for the property dating back to when they moved in ?
EPC valid ?
Again it might fail so spend £50/60 getting a new one which must be E or better !

NewYorkie

10:23 AM, 6th February 2024, About 4 weeks ago

Reply to the comment left by DAMIEN RAFFERTY at 06/02/2024 - 10:14
A good reason for not having gas!

GlanACC

10:50 AM, 6th February 2024, About 4 weeks ago

There is no legal requirement to renew the EPC if the tenant hasn't changed. (unless government changes rthe rules, eg all rented properties must be at least an E). The only legal requiement is that the EPC must be given to the tenant when moving in or when the property is up for sale (even then if selling to a private buyer ie. not through an estate agent, then no EPC is required).

RoseD

11:04 AM, 6th February 2024, About 4 weeks ago

Give the court no excuse by making sure you have all documentation in place regardless of when tenancy started or whether it's relevant. Presumably your tenants are not just moving out as per your request if it's going to court so why would you risk prolonging the process of eviction over a few documents that are easy enough to sort.

Victoria Valentine

11:06 AM, 6th February 2024, About 4 weeks ago

As your tenancy began pre-Deregulation Act (2015), you did not need to provide the deregulation documents. However in order to utilise the Section 21 process you will need to issue all the deregulation documents now. In other words from 2015 onwards (post-Deregulation Act) you are required to be compliant.

Michael Booth

11:46 AM, 6th February 2024, About 4 weeks ago

Section 21 notice ,current epc, current gas safety cert , current electricity safety cert , right to rent booklet current,copy of lease agreement .

David Houghton

11:54 AM, 6th February 2024, About 4 weeks ago

Reply to the comment left by DAMIEN RAFFERTY at 06/02/2024 - 10:10
The definitive answer is in the question (almost). Download form N5b from hmcourts website and make sure you can check all the boxes. E.g. for tenancies started after xx/xx/xx it asks for proof of service of GSC. If you need it then don't have it, you have problems. In this case he doesn't need it. And so forth

Tick all the correct boxes it's straight forward

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