Epc and section21

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    Epc and section21

    I have been renting to a tenant for 5 years or so through the council. It was the council who approached me to let the property to someone on their homeless list. On commencement the council told me an epc would not be necessary. Do I need one now to serve a section 21

    #2
    When did the most recent tenancy start? By that includes any renewal, extension etc.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Are you sure this is not a rent to rent deal with the council, in which case it is not an AST and you cannot issues section 21.

      Comment


        #4
        Who is named as tenant - council or human occupants? If human you needed EPC
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Originally posted by KTC View Post
          When did the most recent tenancy start? By that includes any renewal, extension etc.
          The tenant signed an agreement for the first 6 months and since then it has been a periodic tenancy I think you call it

          Comment


            #6
            [QUOTE=leaseholder64;n1055285]Are you sure this is not a rent to rent deal with the council, in which case it is not an AST and you cannot i
            ssues section

            Most of the rent is paid by housing benefit by the council straight ti me . The remainder is paid by the tenant. The tenant signed an initial 6 month contract with me and since then it has just been rolling on

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              #7
              Sounds like council stitched you up deliberately.
              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

              Comment


                #8
                If the 6 months fixed term tenancy was granted before 1 October 2015, then the failure to give EPC does not affect s21.

                Section 21 aside, you did need to give a valid EPC if the tenancy's on or after 9 January 2013. However, the enforcement authority for the fine is the council's trading standard, so if the council had told you not to bother....
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  So do I need to get an epc now in order to serve a section21

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    Who is named as tenant - council or human occupants? If human you needed EPC
                    You say needed. Is it too late to get one? Can a section 21 still be served.

                    Comment


                      #11
                      Who is listed as LL/T on the AST?

                      Comment


                        #12
                        Originally posted by briellis View Post
                        You say needed. Is it too late to get one? Can a section 21 still be served.
                        Did you actually read my reply?

                        Originally posted by KTC View Post
                        If the 6 months fixed term tenancy was granted before 1 October 2015, then the failure to give EPC does not affect s21.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          You are going to need a valid EPC before you can sell or sign a new AST again.
                          EPC is valid for 10 years.
                          Answer the Qs posed.

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