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Evicting Tenant (no how to rent or epc given)

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Author Topic: Evicting Tenant (no how to rent or epc given)  (Read 158 times)
Posts: 2

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« on: December 13, 2021, 11:51:29 AM »

Hi All,

Strange situation where an old tenancy that has been renewed a few times..
We have served notice to the tenants to leave as the landlord would like the property back and the local council have got involved with finding our old tenant new accommodation. The council have emailed to say that as we have not got proof on renewal that an Energy Performance Certificate and How To Rent Guide was served that the notice is void.

Anyone any idea on what to do from here, do i send digital copies of both with a read receipt and re-serve the notice? any advise would be great.

Thank you
Posts: 6

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« Reply #1 on: December 13, 2021, 07:33:13 PM »

I’ve had the same problem - I gave six months notice through letting agents who is “managing” the property but they had no proof that they’d given the how to rent guide. Means I couldn’t evict her and she won’t leave. So I had to get all that in order (along with electrical check, make sure all gas certificates were in order too) and now finally had to resend notice, at least it’s only two months now. You can send these things to tenant via signed delivery.
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« Reply #2 on: December 14, 2021, 03:06:42 PM »

It's not up to the council to determine whether the notice is valid or not, but they're broadly correct: if you didn't provide an EPC and How to Rent, then it won't fly. If you did provide them, but you just didn't have cast-iron proof, then you could still argue the notice is valid.

The risk with recorded delivery is that the tenant may refuse to sign for it, and then you're no further forward. Proof of posting is deemed sufficient for the service of other documents, or you could just ask somebody to witness you posting the documents through the front door. If I were e-mailing them I'd be half-tempted to cc the council. It's not as if you're sending personal information.
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« Reply #3 on: December 14, 2021, 03:46:19 PM »

You can only provide a digital copy of the How to Rent guide "where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail." Otherwise, it must be a physical copy.

EPC (assuming you actually have an in-date one) and How to Rent can be provided late. Serve it and then later (i.e. not on the same day) you can serve valid notice.
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