Epc and section21

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    Comment


      #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...

        Comment


          #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

            Comment


              #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.

                          Comment

                          Latest Activity

                          Collapse

                          • Reply to accelerated possession section 8
                            by jpkeates
                            That's not the same thing, though.

                            A section 21 notice accelerated possession claim is one that can proceed without a hearing (although that doesn't always happen). It is a specific process that you elect to follow (or not).

                            A section 8 notice will always have a hearing, because...
                            18-01-2022, 17:36 PM
                          • accelerated possession section 8
                            by imranpal
                            Is it possible to exercise accelerated possession using section 8 ?

                            My solicitor is advising to go with accelerated possession to evict the tenant and once we have court order we can file another court case to collect the rent arrears .

                            i was in impression that accelerated...
                            18-01-2022, 12:45 PM
                          • Reply to Tenancy inspection - more than one inspector?
                            by jpucng62
                            As a LL who uses a letting agent, I like to look around my properties occasionally in order to ascertain whether I need to be doing anything - I find my views and the agent's often differ! There is no reason to be particularly alarmed by this - I would see it as an opportunity to raise any issues with...
                            18-01-2022, 17:04 PM
                          • Reply to Property Guardianship services - any experiences?
                            by JamesHopeful
                            Thank you both. I have now read up about it.

                            As far as I can see, there are a number of risks to both the resident guardian and the guardianship company. The former (ostensibly) has very few rights and may end up living in a substandard or even dangerous property; the latter risks getting...
                            18-01-2022, 16:46 PM
                          • Reply to Tenancy inspection - more than one inspector?
                            by mokka
                            Won’t care if buying property as I did ...
                            18-01-2022, 16:24 PM
                          • Reply to accelerated possession section 8
                            by imranpal
                            as per this blog it is possible If the tenant falls behind with rent, the landlord can repossess the property and cut their losses. After you miss to pay 2 months of rent, the landlord is eligible to use an accelerated possession procedure. If proven the court will grant the order immediately.
                            ...
                            18-01-2022, 15:30 PM
                          • Reply to accelerated possession section 8
                            by jpkeates
                            There is no accelerated possession with section 8.

                            I think your solicitor is suggesting using section 21 to obtain possession and then making a separate claim for the money the tenant (presumably) owes.

                            That would be the advice of many people here, provided that you can serve...
                            18-01-2022, 13:13 PM
                          • Reply to Tenancy inspection - more than one inspector?
                            by ash72
                            It may be that the LL is making sure the LA is doing their job with their property, rather than checking up on you. Is there any reason you don't want both of them looking at the same time, I would have thought it was more efficient then each come separately.

                            You just need to ensure you...
                            18-01-2022, 11:04 AM
                          • Reply to Rent increase or being served notice
                            by ash72
                            Just bear in mind, when you are served notice, and don't leave, the LL/ LA will then move towards the courts, once this happens all the costs will then be on the T.

                            Your best solution is to communicate with the LL/LA as well as search for alternative accommodation, you will have up to 2...
                            18-01-2022, 10:58 AM
                          • Reply to Rent increase or being served notice
                            by Goodeys
                            Many thanks all for your reply. Yeah there is nothing on the market at all really, nightmare.

                            I assume they wish to serve me with a S21 immediately as they gave me 7 days to respond which would tie in with S21 being served two months before my tenancy even ends.

                            I’ve been...
                            18-01-2022, 10:23 AM
                          Working...
                          X