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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Jessie Jones

15:42 PM, 10th February 2024, About 3 weeks ago

The difficulty you have is that your tenant now thinks you can't evict them, irrespective of whether the advise given to them by the council employee was correct or not.
And as the council clearly think similarly, they will not act to rehome your tenant.
So you are likely to have a legal battle on your hands, regardless of whether you are in the right or not.
If it is important to you to get repossession sooner rather than later, then you ought to engage the services of a professional. If you are a gambler, then you can just see how it works out when you try it alone. You might get lucky!

David Houghton

15:46 PM, 10th February 2024, About 3 weeks ago

Reply to the comment left by Jessie Jones at 10/02/2024 - 15:42
Yep. The most productive approach is to write to the council and make a formal complaint, with the remedy to offer proper training to it's officers. They don't like it, but they check things out and update the tenant. But yes start possession proceedings at the earliest opportunity

Caroline Crute

11:15 AM, 11th February 2024, About 3 weeks ago

Reply to the comment left by Helen at 06/02/2024 - 13:43
Sounds like good advice. We have a few problems with a tenant so going to contact them.
Thank you

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