Giles Peaker

Registered with Property118.com
Sunday 11th September 2016

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 119

Giles Peaker

13:26 PM, 2nd September 2020
About 2 months ago

Deregulation Act 2015 - EPC prior to 1st October 2015?

There is no requirement to provide an EPC before serving a s.21 if the tenancy began before 1 October 2015 and there have been no subsequent new tenancies (renewal or replacement tenancies) on or after 1 October 2015. Any renewal tenancy on or after 1 October 2015 would be treated as a new tenancy, so all the requirements would apply.

There is no case law on this because the legal position is (relatively) clear. An EPC should have been provided anyway, but there is no s.21 penalty.... Read More

Giles Peaker

12:09 PM, 20th August 2020
About 2 months ago

This is a Joke - Judges rule EPC served?

Reply to the comment left by michaelwgroves at 20/08/2020 - 09:18
That is exactly the kind of issue of dispute of facts that Judges decide - hear the evidence from both sides, then decide on the balance of probabilities what happened.... Read More

Giles Peaker

23:51 PM, 19th August 2020
About 2 months ago

This is a Joke - Judges rule EPC served?

Reply to the comment left by Denise G at 19/08/2020 - 23:22
I don't have tenants, I am a lawyer.

I have to say that if you re providing all this to tenants in hard copy, then the dropbox backup route is legally neither here nor there. You can't confidently rely on it as evidence that the tenants have been provided with the required documents. So, it is a certainly good thing to do, but doesn't add any certainty to your legal position when it comes to the requirements for a s.21.

Getting the tenants to sign a handover form on the original file and contents list would do, though.... Read More

Giles Peaker

22:10 PM, 19th August 2020
About 2 months ago

This is a Joke - Judges rule EPC served?

Reply to the comment left by Denise G at 19/08/2020 - 21:39
OK, you hadn't made that clear.

Giving the booklet not a requirement for any pre October 2015 tenancies, but would be on any post October 2015 renewal tenancy.

I would still be cautious about relying on the dropbox link as meaning documents had been 'provided' to the tenant, even if you have a confirmation from them that they have accessed the folder. This is a grey area and may or may not hold up in court.... Read More

Giles Peaker

18:25 PM, 19th August 2020
About 2 months ago

This is a Joke - Judges rule EPC served?

Reply to the comment left by Denise G at 19/08/2020 - 13:15Hi Denise
I'm afraid that won't work. In particular, the How to Rent Guide has to be to either given to the tenant in hard copy, or a pdf copy by email - but only if the tenant has expressly agreed that their email can be used for service of notices etc.
Doing it your way means, I'm afraid, that you haven't met the requirements of regulation 3 of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015. The tenant could well argue that any section 21 notice is invalid, unless you have subsequently given them a hard copy of the Guide.
I would also not be certain that 'giving them access to a place to view documents' would stand up as 'providing' the documents.... Read More