152807

Someone asked me what forms they needed to get a tenant out, as they've not paid the rent for the last few months and have damaged the property. She's already sent a section 8 form to the tenant but doesn't think the tenant will move out.

Original tenancy was taken out May 2014

No deposit was taken - so no money went into a TDS.

The rent was quite a bit cheaper as it was a 'friends' daughter who was moving in - been a fall out with the friend so this is why she thinks the daughter isn't paying etc.

No tenancy pack was given to the tenant (EPC, gas/electric certificates, Right to Rent forms etc) - she didn't know about them! but I thought that started from June 2014 anyway!

but.. another contract was issued this year - should a tenancy pack been given out with the new tenancy?

With all the above I've said seek legal advice as I wasn't sure how she stood serving notice when the Tenancy Pack hadn't been issued.
Am I right thinking this could be a nightmare for her?

(All my own tenants are either Pre tenancy Deposit scheme & Tenancy pack OR if they are 'new' they'll have the TDS and Tenancy Packs anyway).

Thanks for reading :)

Hi

The Deregulation Act came into force on 1 October 2015, which, among other changes, introduced the requirement for the government How to Rent guide, the most recent gas safety certificate (if applicable) and a copy of the energy performance certificate (EPC) (unless property is an HMO where landlord pays the bills) to be SERVED on the tenant (meaning proof of hard copy being given, either recipient's signature, witness statement or proof of postage; can be served by email or other electronic means PROVIDED written permission given by recipient beforehand).

These MUST be served on the tenant before a section 21 notice can be given; if they are not properly served, the tenant can defend the possession claim on this basis.

This currently only applies to assured shorthold tenancies, including renewals, dating from 1 October 2015, and only applies to England.

Provided the landlord serves the above documents (the "tenancy pack") BEFORE serving a section 21, and they also comply with the following:-

- they apply for a landlord licence if required,
- they have responded to any written repair request within 14 days and the local authority has not imposed an improvement notice on the property
- the required notice period is given with the section 21 (2 months, preferably starting no later than the monthly tenancy renewal date and ending no sooner than the day before this in the second month)
-form 6a is used (free for members to download from website)
-any deposit was protected within 30 days of payment and the prescribed information served on the tenant -

the tenant would have no valid defence.

Please call the Advice Line, or ask your friend to call (if they are a member of the NLA) if you need to clarify anything or you need further advice.

Thanks Mandy,
just to clarify...

even though the AST was started in May 2014, because a new renewal contract was given to the tenant in 2017.... it's then when the 'Tenacy Pack' should have been issued (even though back in 2014 it wasn't needed)?

Thanks
I'll pass this info on anyway.

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