SMF - Just Installed!

Dancing on pinheads...

Started by picard999, October 11, 2022, 10:59:56 AM

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picard999


Having spoken at length with my letting agent and done ample research and having benefited from sound advice here, I have gone ahead with a S8. People are pessimistic re the chances of success there, so I'm scoping out a S21 as well

It looks like the serving of the prescribed information by the letting agents was borked at point of origin and the original paperwork has gone astray, so my plan is thus:

Withdraw the current S21 (it will be months before we test how good the letting agents work was, and I already know...)

Leave several days

Refund the deposit to the relevant person

Leave several days

Serve EPCS - one for when the tenant moved in and one current.

Serve the 'How to rent' booklets. One that was active when they moved in and one current.

There is no gas, so no issue there

Then serve S21

My questions are:

1: Is there a process for formally withdrawing a S21?
2: Having withdrawn the S21 and taken the action described above, will I be compliant?
3: I am pressing forward on the assumption that if I provably refund the deposit, then the requirement for the prescribed info to be served and for the relevant certificate of deposit to be shown disappears. Is this correct?

The good news re the prescribed info, is more than 6 years and a month have passed, so there's no fear of civil litigation, is there?

Views? Anything I've missed or should revise? All comments welcome!

Will be glad when this is done!

jpkeates

1 - There's no process to withdraw a section 21 notice and there's no need to do that. You simply don't escalate it to court.
2 - It looks like it - there's a pretty definitive section 21 checklist on the Nearly Legal website.
3 - Yes.

If the original tenancy was renewed at any point, the PI issue arises again.

picard999

Thanks for the speedy reply

Looks like I'm on the right track. Finally!