Section 21(1) b notice and gas safety

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    Section 21(1) b notice and gas safety

    Background:
    Standard AST for single person .
    Date tenancy started : 15.12.2014
    Last day of tenancy : 14.6.17
    Deposit held under TDS
    EPC and Gas safety in place at start of tenancy
    Rent still being paid ( monthly )
    Recent ( not carried out ) Gas safety due 24th Feb 2017

    So here is my dilemma .
    I have had constant problems with this tenant from the start particularly in regards to access. Finally the last straw was when access was not given for maintenance of garden irrigation, door repair and annual gas safety check -Despite many requests .
    Re gas safety I have sent the following: Two emails, hand delivered letter reminder, further email and hand delivered letter( recorded delivery) , final hand delivered letter ( witnessed) letting the tenant know that an appointment for inspection had been arranged for a particular date. NO RESPONSE to any of these requests.
    On the date in question I attended the flat with the gas man . The 24 hour security said the tenants flat mate was in .Despite constant knocking / ringing of bell etc no response. A follow up letter was sent giving details of the lack of access etc- No response
    I have had enough! I issued a section 21.(1) b notice to the tenant on 31st March 2017 - Witnessed and video of delivery under door of flat together with emailed copy.
    A day or two later the security guard said that he thinks that a gas inspector visited the flat! I can only assume the tenant has had an independent inspection done herself! Was she waiting for me to issue the section 21 without a gas safety check ! Does issuing this notice without as valid Gas Safety invalidate it ( under old rules - pre Oct 2015) . I hope not as how could I have this inspection done if they won't give access?
    Can anyone please assist on this.

    #2
    If you have had "constant problems from the start" why is he still your tenant 3 years later?

    The basic principle of landlording under conditions of (and because of) the current legislative framework is simple:

    Problems >>> Goodbye tenant

    Likely cannabis farm, brothel, property has been remodelled and is being sublet x 5 ....

    Comment


      #3
      Date tenancy started : 15.12.2014
      Last day of tenancy : 14.6.17
      Was there a renewal for a new fixed term in there somewhere? If so, your section 21 has to be under the new rules.
      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


        #4
        If the tenant has had a gas safety check done themselves and have a valid Gas Safety Certificate, they have probably met any s21 requirements (which are probably not relevant here in any case).

        If they don't have a valid gas safety certificate, while what you have done will probably mean you are fine with the HSSE (they accept a reasonable number of documented attempts are all you can do), it would put at risk any post October 2015 lease s21 notice.
        There doesn't seem to be anything that side steps the requirement for a valid certificate if the tenant won't play ball - which is going to be interesting going forward...
        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


          #5
          Hi ,
          There was no renewal , the tenancy started 15/12/14 and was to run for 30 months. No renewal
          I was under the impression that if the tenancy started before Oct 2015 then you can issue a section 21(1) b notice as it doesn't come under the new rules.

          Comment


            #6
            You're fine then.
            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


              #7
              lordhighbury,

              You are correct (to the best of my knowledge).

              Issue under section 21.
              Do not mention any sub-section.

              Comment


                #8
                Hi ,
                Thanks for the reply . I have been looking into this in great depth ( do I need a valid gas safety check to issue a section 21 (1) b notice pre oct 15 ) and my understanding is " No I do need to have a valid gas safety certificate under old rules" . Under the new rules you do.
                If this is correct I have still heard that some judges are throwing these old styled applications out anyway saying they do not comply! Do I pre empt this when submitting a possession order and confirm that I have submitted the correct section 21 ( 1) b notice for the start date of Tenancy. ( No valid gas safety necessary) and / or The efforts I went to to do the latest gas safety check and lengths the Tenant purposely went to to stop me , so as to intentionally invalidate the application!
                Interestingly , the Tenant has now held back 260.00 from the last months rent . I can only assume they are claiming costs for the gas safety check they had done plus possibly something else!
                Is there anything else I can do ? Serve a section 8 notice as there are arrears now? Serve another section 21(1) b notice as there is a valid gas safety( but I don't have proof of this/unless I can check somewhere online)? Not sure on this as there is only around three weeks to go until end and it would run into a new periodic tenancy , this would put me under the news rules??
                Finally is there anywhere where I can definitively read the rules for old style section 21(1) b notice?
                Thank you in advance for any input.

                Comment


                  #9
                  I suggest you fill in your form using this website: https://www.gov.uk/accelerated-possession-eviction

                  If judge still throws out your application, you can write to the court and point out the website confirms you did everything the law asked of you. (As I was forced to do: http://www.landlordzone.co.uk/forums...iculous-judges)

                  Comment


                    #10
                    Thanks for the advise. So do you agree .No proof of valid gas safety certificate needed for the section 21(1) b notice?

                    Comment


                      #11
                      Yeah. AFAIK.

                      Comment

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