Section 21 (1) (b) pre October 1st 2015

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    Section 21 (1) (b) pre October 1st 2015

    Apologies in advance if this question has been asked already:-

    Have a tenant, they signed an AST pre October 1st 2015, and was given a Section (1) (b) at the time of signing the AST.

    Since Ocotber 1st 2015, their rent has been increased and they have signed a new AST reflecting this.

    Am I right in thinking that the original S21 is still valid?

    Or do I now have to serve them a S6a?

    Thanks

    #2
    You need to issue a new (Deregulation Act compliant) section 21 notice if by "new AST", a new tenancy was created.

    If you took a deposit, deposit need to have been protected on time, prescribed information served, EPC, GSC, How to Rent booklet (most recent version at the time of the new AST), ...
    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
      As said by KTC . . .

      You issued a section 21 telling them you want the property back - then agreed a new tenancy with them. it's contradictory. The s21 relates to the old tenancy, you need a new one. Presume you provided all the paperwork mentioned by KTC?

      Comment


        #4
        Thanks guys,

        Deposit has been protected, prescribed info given, no EPC needed as its a bedsit, there's gas so no GSC needed, got HMO license, only thing they havent had is the "how to rent" guide.

        Would I need to give them this and then I can serve notice on them?

        Thanks

        Comment


          #5
          Originally posted by Davey View Post
          there's gas so no GSC needed
          Is there a typo there?

          Originally posted by Davey View Post
          Would I need to give them this and then I can serve notice on them?
          Yes. A physical copy, unless the T have given permission for service by email, in which case as a PDF attachment to the email. If the guide has been updated since the start of the most recent tenancy, then it'll be safer for you to give both the most recent version at the time, and the current version to save on arguments in court on which one is needed.
          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


            #6
            Yep sorry, typo. NO gas so no GSC needed

            Got the most recent version of how to rent guide from Gov website, so will pass that onto the tenant today

            Thanks

            Comment


              #7
              Incidentally, you don't need to create a new tenancy agreement just to put the rent up. A s13 notice will suffice or even a verbal agreement with the tenant, provided they actually pay it.

              Comment

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