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

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

    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.

            Comment

            Latest Activity

            Collapse

            • Statutory periodic tenancy vs contractural periodic tenancy.
              buttons
              Having learned that a tenant without giving notice is still liable for council tax if a contractural periodic tenancy comes onto force at the end of a 6 month fixed term simply by adding this to the agreement, are there any disadvantages for a Landlord in adding this to a contract such as a change in...
              17-07-2019, 18:23 PM
            • Reply to Statutory periodic tenancy vs contractural periodic tenancy.
              Lawcruncher
              If my definition of a fixed term tenancy is correct, that is that it is a tenancy which only has one possible end date (excluding any early termination by surrender, forfeiture, exercise of a right to break or whatever other than effluxion of time) then a tenancy granted for any length of time and expressed...
              18-07-2019, 17:12 PM
            • Part of deposit not protected
              coppernob
              Hi all,

              Last December we entered into an AST (initial 6 month fixed term) and paid a deposit of £900, which included a £200 pet deposit for our dog. This full £900 was put into the a deposit protection scheme.

              Towards the end of January we wished to get another dog, and...
              16-07-2019, 10:26 AM
            • Reply to Part of deposit not protected
              DPT57
              Tell the landlord that if he repays you the deposit in full from his own funds, you will agree to him retaining the full deposit that's in the DPS account. It shouldn't be beyond his means to front fund this for 30 days....
              18-07-2019, 16:40 PM
            • Best option
              Locornwall
              I am considering buying a bungalow. It has a garage to the front and in a large rear garden, an outbuilding.

              When considering making money from a possible lodge or Airbnb, what would you say is my best option? Maybe to convert the garage and provide extra room for an in house lodger or...
              18-07-2019, 13:57 PM
            • Reply to Best option
              jpkeates
              It was mentioned, but the main debate in that thread is whether the use of some kind of granny flat would be a lodger or a tenancy arrangement.
              So mostly about people living there.

              Creating a situation where people stay somewhere temporarily is a different thing (it seems to me)....
              18-07-2019, 15:18 PM
            • Finding replacement tenant
              Chihuahua1461
              Hi guys,

              Looking for some help or advice. I am currently renting from a private landlord in a shared living arrangement in the UK.

              My current 12 month (and then rolling monthly) lease is due to end. In the contract it stipulates it is my responsibility to find a replacement...
              18-07-2019, 00:19 AM
            • Reply to Finding replacement tenant
              jpkeates
              I don't think the indefinite contract things going to fly.
              This is a straightforward lease with an initial term that continues in some (oddly undefined) way.

              The only unusual thing about it is that the terms of the continuation aren't defined, which they normally would be - so there...
              18-07-2019, 15:14 PM
            • Reply to Finding replacement tenant
              Chihuahua1461
              Fingers crossed an expert will spot this as you say leaseholder64 - tell me their name, I'm not privy to such etiquette 😁

              So it looks like I have to find a replacement prior to leaving then? Any previous tenants I have known have done this. It just makes it difficult to find myself a...
              18-07-2019, 15:06 PM
            • Reply to Best option
              leaseholder64
              AirBnB was raised, by the OP, in the original thread,
              18-07-2019, 14:35 PM
            Working...
            X