Section 21 notice – Correct documentation to use?

Pic of tenant eviction notice from landlord property118

by Readers Question

9:42 AM, 16th April 2024, 2 years ago 7

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Advice Landlord News Landlords Questions Tenant Eviction

Hello, I am a landlord with two AST’s, one that started in 2011 and another in 2013. Although these were let via a commercial letting agent, I do not appear to have the relevant documentation to issue a section 21.

Many of the requirements came into force after these dates. However they were not issued or I don’t have proof that the documents were issued then or retrospectively.

Reading an article on Property118 from 2018, it said there is a ‘recommendation’ to serve the documentation but that if an EPC, How to Rent and a current gas certificate is issued, a valid section 21 can still be served.

Is this correct?

Can anyone suggest how I get myself into a position so that if I do need to serve a section 21 I can do so?

Thanks,

Emma

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Tags: correct documents to use for an eviction, Eviction notice, section 21, Tenant eviction

Comments

Cider Drinker Read Full Bio

Member Since December 2023 - Comments: 1573

9:59 AM, 16th April 2024, About 2 years ago

You could offer a new tenancy and serve the correct documentation. Refund any deposit and re-protect a new deposit. I’d offer to take no deposit for the new tenancy as this may persuade the tenants to sign.

I’m no expert so I’d seek advice from a professional in this field.

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Layla .

Member Since May 2016 - Comments: 24

10:28 AM, 16th April 2024, About 2 years ago

As far as I am aware the legislation that came in is not retrospective.
Join the NRLA and make use of their legal helpline.

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Judith Wordsworth Read Full Bio

Member Since January 2015 - Comments: 1431 - Articles: 1

12:41 PM, 16th April 2024, About 2 years ago

The latest AST ie 2013 supersedes the 2011.

Join Pims.co.uk

Other way is to pretend to be the tenant and go and see Citizens Advice and contact Shelter. It’s surprising how helpful they are when they think you are a tenant 😉

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Jim K

Member Since July 2023 - Comments: 179

3:38 PM, 16th April 2024, About 2 years ago

Reply to the comment left by Judith Wordsworth at 16/04/2024 – 12:41
Thanks for that.
I will adopt that strategy myself.
Find the defence first!

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DPT

Member Since October 2020 - Comments: 1134

5:06 PM, 16th April 2024, About 2 years ago

If the tenancy has not been renewed since 2013, a gas safety certificate, an EPC and a How to Rent booklet are not required to be served on the tenant for the purpose of s21.

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Julie West

Member Since April 2024 - Comments: 1

9:40 AM, 17th April 2024, About 2 years ago

Hi Emma
This shouldn’t be an issue. You just need to make sure you send the pre-letting documents now (EPC, latest gas safety and latest How to Rent Guide), complete a certificate of service showing you delivered it first class, blah blah, eg. it will be deemed as served on the second working day after you sent it. Just let your tenant know that you are sending these documents for their records. Then wait at least 3 working days for example and send your S21 notice. This is what we do, belt and braces and all that.

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SIVPAT

Member Since March 2024 - Comments: 7

4:39 AM, 20th April 2024, About 2 years ago

Reply to the comment left by Julie West at 17/04/2024 – 09:40
Does it matter if 1 of the gas certificate is missing from last 6-7 years ? As long as the latest one if passed and valid , it shuld be ok isnt it?

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