14:52 PM, 1st September 2020, About 10 months ago 3
David Smith wrote an excellent article https://news.rla.org.uk/blog-section-21-after-1-october-2018/ in August 2018 about the Deregulation Act 2015. David raises the issue of whether you are required to serve an EPC prior to serving a section 21 notice if the tenancy started before 1 October 2015.
I have researched this deeper, but I cannot find any further clarification on this point. Has there been any further regulation or test cases of note?
Having not found anything, I decided to use Giles Peaker’s section 21 flow chart https://431bj62hscf91kqmgj258yg6-wpengine.netdna-ssl.com/wp-content/uploads/2019/09/s21updatedSept2019v2.pdf as this would surly answer this question.
Having gone through this in detail, it confirms the section 21 is valid, but I am still left a little unsure as I have not seen anything definitive.
Giles, I wonder if the flow chart might need expanding to cover this point, unless of course an EPC is not required prior to 1 October 2015, in which case the flow chart would be correct.
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