EPC obtained but not provided to tenants – Is S21 valid?

EPC obtained but not provided to tenants – Is S21 valid?

by Readers Question

Guest Author

10:15 AM, 17th February 2023, About A year ago 22

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In September 2022 I served a S21 on my tenants giving 4 months Notice. They have approached the Council as they require assistance getting rehoused and have been told that the S21 is invalid because the EPC expired in 2020 and they weren’t issued with a copy of a new one.

The tenancy began in 2016 and has since become periodic, and I had a new EPC completed in 2022 prior to serving notice but failed to provide the tenants with a copy.

My understanding was that providing them with an EPC during the tenancy was not required – am I wrong and is the S21 therefore invalid?

All the documents required to be provided before the tenancy commenced were provided.

Many thanks

Colin


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Comments

David Houghton

17:30 PM, 19th February 2023, About A year ago

I had a look in old assured tenancies guide by dclg. No mention there of needing an update. It talks about the purpose of it is to allow the prospective tenant an idea of costs.

Seething Landlord

22:14 PM, 19th February 2023, About A year ago

Copy from Shelter website https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid#title-4 : The landlord can provide the EPC at any time before service of the notice. The EPC must be valid when the landlord provides it.[17] The regulations do not specify that the EPC must still be valid at the point when the notice is served.

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