UK Landlord Forum / Life

The between me and my tenant started in January 2013. I need the property back, Section 21  served has expired. What docs do I need with my N5b  form?? Any help please

It's mostly set out in the N5b form.
You probably need to add an N215
You could add the Gas Cert and EPC and anything else that supports the answers you put in the N5b.

Thanks for replying but I haven't got Epc.. since the tenancy started in 2013 ..will my section 21 be invalid? Thanks for responding

I’m afraid you need a coin...
Flip it.
Heads invalid
Tails valid.

In a quite remarkable oversight whilst s38 Deregulation Act 2015 requires Prescribed Info (gas cert(?)/EPC(?)) to be served to make a s21 notice valid, this is only by what is specified in the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

However the Regulations don’t apply to a Tenancy starting before Oct 2015 per s1(3) of the Regulations...

Sooooooo......

Technically there is no requirement to serve a gas cert or EPC for a Tenancy starting before 2015 for a s21 to be valid.

But the problem is when you tick No in the N5b to the question did you serve an EPC .... will the judge just throw you out? Or will he recall the aberration in the law?

Hence coin....

Please post again when you know which way the coin landed

By the way the EPC requirement dates back to 2008.
You are now liable for a fine up to £200.
Unlikely to be enforced by local Trading Standards though.

Thank you very much ... I think I have to start all over again.