Is Rental Guide & EPC needed prior to S21 Notice for Pre-Dereg act tenancies?

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    Is Rental Guide & EPC needed prior to S21 Notice for Pre-Dereg act tenancies?

    Hi All.

    Title says it all really, but i've got an AST that commenced May 2014, now periodic.

    Would you advise still serving the EPC and rental Guide before serving the S21 to be safe, or is it just not necessary?

    They already have Gas Cert of course.

    Thanks.



    #2
    It's not necessary and, because the How to Rent guide has to be the right version, might actually cause more issues than it "saves".
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by jpkeates View Post
      the How to Rent guide has to be the right version
      Do you know of any definitive ruling on which version of the HtR guide needs to be served, ie the version at start of tenancy or the version at time of service?
      The regulations just say the version that has effect for the time being, which could mean either.

      Comment


        #4
        AFAIK legislation requires service of prevailing HtR at time of initial AST and at time of s21 service. The final step can be disregarded if the HtR has not changed during Tenancy.

        Comment


          #5
          Originally posted by MdeB View Post

          Do you know of any definitive ruling on which version of the HtR guide needs to be served, ie the version at start of tenancy or the version at time of service?
          As far as I know there hasn't been one, because almost all possession hearings are in the county court and aren't precedent setting.
          The regulations just say the version that has effect for the time being, which could mean either.
          I suspect that "for the time being" means "now", so the version contemporary with the service, but I agree that it's a matter of interpretation.

          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by mariner View Post
            AFAIK legislation requires service of prevailing HtR at time of initial AST and at time of s21 service.
            Section 3.(4) of the regulations states:
            (4) Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the document each time a different version of that document is published during the tenancy.

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