UK Landlord Forum / Life

I'm confused now.. I'm thinking of serving a Section 21 to end a long term tenancy, repossess and sell the house . But I'm reading that there are new regulations regarding EPC, Gas and How to rent booklets.. My original AST is dated 2013 and after a very hit and miss summer with rental payments we now have a situation where no rent has been received and no contact is acknowledged by the tenant. Phone calls ignored, text ignored, written and hand delivered letters ignored.. We are only 2 weeks into this situation but I feel it's unlikely to improve and I can't afford to prolong it.

I am not sure of the next steps but I'm fairly confident that someone on here can spell it out for me..

So, what exactly do I need to serve the tenant with..? They had a copy of the EPC and Gas Certs but will deny this as it was 6 years ago for the EPC and a few months ago for the Gas Cert'. They recently asked for copies of the AST to claim housing benefit and said they'd mislaid all other paperwork over the years and months.. As everything was originally presented when they moved in, and never asked for since, should I just pop round with a new copy of the Gas, EPC and How to rent books and serve the S21 at the same time or is this asking for trouble..? There were no signed receipts for the "Welcome Pack" and I'm thinking this might have been a mistake.. but if it is how should I reverse it..?

Any light shed on the matter will be gratefully bathed in.. 

When was the most recent time you agreed a tenancy with them, and if it were a fixed term, when did that end? By agreed a tenancy, I include any "extension" or "renewal" however it was worded.

2013.. We've never had any discussions since then.. just a rolling contract and a reasonably smooth payment programme. I'm not sure why you ask but I certainly haven't rewritten any AST or had any cause to..

I ask because the rules are different depending on when the tenancy started.

The requirements re. EPC, GSC, and How to Rent (in relation to s21) don't apply in your situation, so the only things that could invalidate a s21 are non-compliance with deposit protection rules, non-licencing of property if required, and if the council have served any improvement notice on you recently. If you're good with those, serve your s21 using Form 6A and you're good to go.

That's an immensely encouraging reply, and thanks for taking the time to advise me. I did think that might be the case with a pre 2015 AST but there's always the nagging doubt that some loophole searching by the tenant would drag the situation out, and it's actually the first time in 10 years of being a landlord that I've felt the need to take this action..

Your input is appreciated.

Actually, I have one more question on this...

The EPC, GSC and How to Rent booklet.. They were supplied with the keys at the start of the AST but if the notes on Form 6A refer to them can a tenant simply say "we were never given them" does this negate Form 6A ? and if so should I just include copies with the serving of the Repossession notice..?

OK, it's two questions, but you see what I mean..

Quote from: bloofox on September 01, 2019, 07:53:18 AM
The EPC, GSC and How to Rent booklet.. They were supplied with the keys at the start of the AST

The How to Rent booklet was first published in 2014. You said the tenancy started in 2013... 

Quote from: bloofox on September 01, 2019, 07:53:18 AMcan a tenant simply say "we were never given them" does this negate Form 6A ? and if so should I just include copies with the serving of the Repossession notice..?

They can argue whatever they want in defence, but you don't have to prove service of the documents here, as your reply to their defence / court is that as the current tenancy (is a statutory periodic tenancy that arose from a fixed term tenancy) that started before 1 October 2015, the requirements of having provided EPC, GSC, and How to Rent doesn't apply.

Thanks again, but you've got me wondering if I'm going senile already now...

We'll serve Form 6A and see what happens.. And I'll keep posting any interesting developments..