Reissuing section 21 - advice please

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    Reissuing section 21 - advice please

    Good evening

    So sorry as I'm sure this has been covered elsewhere but I've searched and not been able to find a definitive answer.

    Scenario:
    A landlord has issued a section 21 which is invalid because several steps required of the landlord have not been administered properly.

    - Landlord has not formally served the gas safety certificate and tenant is denying it was ever provided.
    - Landlord has not provided a copy of the EPC.
    - The deposit is in a TDS but landlord did not provide a copy of the certificate within the required timeframe.

    Question:
    Can the Landlord in question simply reissue another section 21 but this time ensure that all the mistakes they made the first time round are not repeated? E.g. get a new gas safety certificate and EPC and this time serve them properly on the tenant?
    From what I've read, the Landlord will have to return the deposit to the tenant in the above circumstances.

    Landlord is worried they will have to start all over again and draw up a new tenancy agreement in order to issue a further section 21 - I can't see this being correct?

    Any advice will be much appreciated.

    #2
    Sounds as if you are a tenant who wants to never find somewhere to stay in the future. Most of what you say relies on your claiming not to have received certain items - which might or might not be the case - not on works/paperwork not being in existence. Yes you do have certain powerful levers along the lines of those you suggest, but using them might send the train in a direction you won't much like - in the longer run.

    Comment


      #3
      Not that.

      I'm just asking for advice here... please don't get personal.

      Comment


        #4
        RE the GSC and EPC: Where is it actually laid down in law that the tenant has to physically sign to say they have seen them?

        Comment


          #5
          Yes, the landlord can serve all the required documents and then re-serve the s21 notice unless the GSC was not in place prior to the tenant moving in. How to Rent is also required.

          Comment


            #6
            Originally posted by photinia2021 View Post

            Not that.

            I'm just asking for advice here... please don't get personal.
            You asked for personal advice. It's not "personal" to explain that decisions you take might have consequences. You or others might disagree with those consequences. If you want to agree with advice you are given then pay someone to give it.

            Comment


              #7
              Originally posted by photinia2021 View Post
              Landlord is worried they will have to start all over again and draw up a new tenancy agreement in order to issue a further section 21 - I can't see this being correct?
              It is broadly correct.

              For the reasons outlined, the section 21 notice served isn't valid, so it has no effect and can't be made valid after service.
              The only way to serve a valid notice is to correct the issues, if they are correctable, and reserve the notice.

              The tenant can deny that they have received the GSC, the court will decide whether the judge believes the tenant or the landlord. Evidence that the GSC was at least done would be useful. Then the GSC can be given to the tenant before the notice is served.

              If the court believes that there was no GSC in place when the tenancy began it will not proceed, and no section 21 notice will ever be possible for this tenancy. Getting a new GSC in place will not fix that.

              Same with the EPC and the Prescribed Information for the tenancy deposit (it's more than a certificate).

              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


                #8
                Originally posted by DPT57 View Post
                Yes, the landlord can serve all the required documents and then re-serve the s21 notice unless the GSC was not in place prior to the tenant moving in. How to Rent is also required.
                Thank you.
                If the TDS documents weren't served at the beginning of the tenancy, will the landlord have to return the tenant's deposit before re-issuing the s21?

                Comment


                  #9
                  No, the documentation will be sufficient.
                  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


                    #10
                    jpkeates,

                    So if (worst case scenario) the landlord cannot prove a GSC or EPC was in place at the start of the tenancy (whether it was served on the tenant or not) the only way forward is to agree a new tenancy agreement and then issue a s21 after four months?

                    Comment


                      #11
                      The EPC can be given to the tenant at any point in the tenancy to make the s21 notice valid (it's technically still an issue on it's own - nothing to do with the notice - but no one will care).

                      The same is true of the GSC, provided one was actually in existence when the very first tenancy began. It is not known (at this point) what the situation would be if there was no GSC in place at all when the tenant first moved in (so the tenant couldn't ever have been given a copy) and there is a subsequent tenancy with a valid GSC which is given to the tenant.
                      In theory, it should be OK, but there is no certainty.

                      Here's a (fairly long) discussion of the issue: https://nearlylegal.co.uk/2020/06/th...ell-conundrum

                      The burden of proof is "on the balance of probability" so the issue depends on the judge believing that it's more likely than not to have been one, or that it was given to the tenant.
                      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


                        #12
                        Thank you - your advice has been so helpful.

                        Comment

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