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Landlords beware – serve the required documents at the beginning of a tenancy!

Posted on 23 March 2018 by Ella Carroll

Landlords beware – serve the required documents at the beginning of a tenancy!


Most landlords are now fairly comfortable with the Deregulation Act and the rules it imposes such as, serving an EPC and “How to Rent” guide on the tenants otherwise any subsequent section 21 Notice will be invalid. If this is not done at the outset of the tenancy, most landlords serve it later and then serve a section 21 Notice.

However, 2 recent cases in the London County Courts have shed doubt on whether this is acceptable in relation to Gas Safety Certificates. Assured Property Services v Ooo and Caridion Property v Monty Shooltz both involved the late service of a Gas Safety Certificate and a subsequently served section 21 Notice, which was found to be invalid by the Court. This left the landlords with only one way to evict the tenant, by using the section 8 Notice route (ie. the tenant had done something wrong).

It is likely that other Courts in England & Wales will follow suit so it should be a warning to landlords to ensure they have everything in place before a tenant moves into the property.

If you need any advice in relation to your rental property or the legal requirements of landlords, please do not hesitate to give our Landlord & Tenant team a call on 01935 385984.

 

Posted in: Landlord & Tenant/Housing, Lettings/Landlord & Tenant