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Section 21 for pre Oct 2015 tenancy- requirements

Started by MDS, April 21, 2023, 12:38:25 PM

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MDS

If the assured shorthold tenancy started before October 2015, is there any documentation that must have been provided to the tenants prior to serving a section 21 notice?

I belive new regs came in from Oct 2015  requiring  gas cert, EPC cert and how to rent guide to be issued, but I've read somewhere that this applied to ALL tenancies from Oct 2018 before a section 21 can be issued....

Is this true?
Should I send the above to tenents prior to serving section 21?
Or as its and old pre Oct 15 tenancy am I ok?


(I know about the deposit scheme.. now anyway.. deposit refunded with evidence. and over 6 years past so hopefully ok... :-\)




HandyMan

Assuming your property is in England, follow this flowchart to see what is required https://nearlylegal.co.uk/section-21-flowchart/

MDS

Thanks!!! yes it is in England.

I think I'll  be OK from the flow chart,  but on p13 where it states
   'If deposit not paid back to tenant  before s.21 notice, was the
    prescribed information' given in full at any time? See
     https://www.legislation.gov.uk/uksi/2007/797/article/2/made'

Does this only apply if the deposit was protected?
With  the prescribed onfo refered to only relating to the deposit scheme?

I'm thinking I can proceed with a 'Yes' answer to this box, as no it wasn't protected but it has been repaid prior to section 21 issue.
If I'm right here and follow the logic down the chart then no further 'prescribed info' is / was needed and the section 21 should be valid...??

Any one disagree please, please do let me know!