Section 21, assurance needed please

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    Section 21, assurance needed please



    I need to serve a valid s21 in order to sell my property with vacant possession and want to make sure I get everything right, so all comments and advice very welcome.


    Let on 6 months AST agreement commencing 15th Sept 2012

    Became periodic on 15th March 2013


    I did not have an EPC before tenant moved in, but have one now since, July 2017.

    I protected deposit with the DPS 1 month late in the fixed term, But I served all the PI, plus gas, electric certs etc, and gas, electric have all been kept up to date.


    So the deposit was protected and all PI correct at commencement of periodic term and remains the same to date.


    To serve a valid section 21

    Do I need to change any information on DPS site, ie: alter to periodic tenancy?

    Do I need to pay back the deposit before serving s21?

    Do I need to issue a new How to Rent booklet?

    Which s21 should I use, is it a section 21(4)a

    If I serve S21 giving 2 months notice should the date of expiry of the notice be the 14th of the month.

    Anything else I should do to avoid disaster?


    Sorry to ask such basic questions just putting my mind at rest. Thanks

    #2
    My understanding is that you would need to return the deposit before serving the s21, which I would recommend you do on form 6a. You dont need to have served How to Rent or EPC to make the s21 valid due to the date of the tenancy. Just mark those sections not applicable

    Comment


      #3
      Thanks, I was hoping since the periodic tenancy is viewed as a new tenancy, and deposit and all PI were correct when it started that I didn't need to return deposit, I assumed that since s21(4)a notices are only for periodic tenancies and not fixed term whoever checks them would realise that and that deposit etc were ok at commence of that periodic tenancy?
      Do i need to alter it to periodic on DPS site?

      Comment


        #4
        The deposit is fine per s215B and s215C, assuming that "when the [SPT] comes into being, the deposit continues to be held in connection with the [SPT], in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit."

        No need for How to Rent, recommended (possibly required) Form 6A - "at least two months" notice from deemed date of service.
        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.

        Comment


          #5
          Thanks, I just looked at s215B and s215C, clear as mud to me I'm afraid, very hard to understand, seems to me to confirm deposit protection should have been complied with in the fixed term. If I want the S21 or Form 6A notice to expire 14th july 2019 can I date and serve notice 1st May to ensure at least 2 months ?

          Comment


            #6
            s215B says that if the deposit was protected and PI served in one tenancy regardless of when during the tenancy it was done, so long as certain conditions are true, the deposit is deemed as protected for a replacement tenancy.

            s215C says that s215B applies retroactively when it went into force, so applies to a tenancy such as yours that began before that date.

            The end date doesn't have to be a specific date of the month. The only requirement is that it be of at least two months away from when the notice is deemed served on the tenant. So you can give it tomorrow, 14 July would be fine yes. Depending on how you serve the notice, and terms of the tenancy, anything as early as 22 June would probably be fine too if you were to give the notice tomorrow say.
            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.

            Comment


              #7
              Thank you so much for explaining that, one of the reasons I'm selling up is as I've become older (and older) I have found it harder to understand and keep up with legislation, so I need to bow out of letting, also the latest news re Theresa May's intentions in respect of no fault possession was a deciding factor.

              Comment


                #8
                Originally posted by petpaw View Post
                Thank you so much for explaining that, one of the reasons I'm selling up is as I've become older (and older) I have found it harder to understand and keep up with legislation, so I need to bow out of letting, also the latest news re Theresa May's intentions in respect of no fault possession was a deciding factor.
                Rather ironic, isn't it, that an effort to prevent landlords issuing section 21 notices results in a whole rash of them being issued while there's still time?

                Comment


                  #9
                  Absolutely, I believe a lot of landlords will offload rental properties and tenants because of concerns over this, I personally have generally kept tenants in place for long periods, safe in the knowledge that if I needed to sell my property to pay for care or some unforeseen disaster I could, but if May goes ahead with this change that security for landlords will end, sorry if it sounds selfish but I believe if one saves for years and invests in a property one should be able to repossess and sell it or use it for a child or grandchild if the need arises. It will be interesting to see what effect this will have on the rental market!

                  Comment

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