UK Landlord Forum / Life

Hello,

Firstly thank you for finding the time to read this post.

I have a tenant who has fallen behind with rent at the moment only one month.
A 12 month tenancy agreement has now expired so there's no tenancy agreement in place at the moment and I can't get In contact with the tenant She is not responding to my emails, no answer at the door. She only had a landline number on which I have left several messages but she has not replied.

I am really concerned for my house now, I have visited the house and there has been no reply at the front door but there seems to be lights on and furniture visible through windows.

I do have the deposit protected and have a gas safety certificate. I don't have a EPC even if I were to arrange one now I don't think she would allow access to the property for it to be completed. Am I right in thinking that if there's no EPC then I can't serve a section 21 notice?.

How do I stand in relation to a section 8 notice, do I have to wait till she falls two months in arrears?, she has always been late with rent it has never been paid on time.

Also would the issue about the EPC not being obtained mean I can't serve a section 8 notice too?.
I just don't know what to do, I have a gas certificate, I have a electrical installation report, the deposit been protected I just don't have an EPC.
Are these the only two sections I can use or is there anything else I can do. I am just really worried.

I would really appreciate any advice anyone can provide.

Hello,

Is anyone please able to point me in the right direction in regards to the above I am currently abroad on holiday worrying about this.

Any advice will be greatly appreciated.
Thanks

Read the gov document 'How to Rent' guide, page 5.

Useful document which provides information on what landlords MUST provide to tenants..

I don't think you have to provide an EPC until next year,as far as I know.As the tenant is on a periodic tenancy now,you can just give the required 2 months notice,using S21.It is best not to get involved with S8/rent arrears etc.You should serve notice in writing,not recorded delivery in case she refuses to sign for it.Get proof of postage at the post office-some suggest 2 different p.o's in the case of a flaky tenant.The protected deposit is the most important part.

Hi Anil

Once the fixed term of a tenancy agreement expires the tenancy will continue on a periodic basis on the same terms as the agreement.

You can serve a Section 8 Notice but there are certain grounds which you have to rely upon. Some are 'mandatory' and some are 'discretionary'. Rent arrears totalling one month are a discretionary ground and this means that the court does not have to give you a possession order if you issue court proceedings. I wouldn't therefore advise relying on a Section 8 Notice to actually issue a claim, but it may be a useful threatening tool to force your tenant to make payment.

You are also entitled to serve a Section 21 Notice which gives your tenant two months to give you vacant possession. You can issue court proceedings if the tenant does not leave upon expiry of this notice. As long as the notice is valid you will get a possession order. I would get on and serve this as soon as possible so that you can always get possession in two months if the tenant still hasn't paid you any rent.

I'd be happy to have a look at your tenancy agreement and deposit information to check that you can serve the Notice(s). I am a Solicitor at Helix Law Limited and we are authorised and regulated by the Solicitors Regulation Authority. My email address is la@helix-law.com or you can call me on 01273 761990. There's no charge for me to look over the documents, we do this to build relationships with people like yourself. If you don't want to instruct me to complete anything there's no obligation. 

Either way I hope the above information is useful.

Laura

Hi Laura,

I think the question here is whether the EPC constitutes part of the Prescribed Information as per Section 21B (assuming the last fixed tenancy agreement started after the 2015 Deregulation Act). What's your view on that?

Hi Simon

Yes, if the fixed term was entered into on or after 1st October 2015 the EPC should have been served on the tenant at the outset of the tenancy (or at the very least before a Section 21 Notice is served).

Laura