Q&As

A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in occupation since. If the landlord serves a section 21 notice will it be invalid on the basis that the landlord has not served the tenant with an EPC and gas certificate?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 18/03/2020

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A landlord granted a six-month assured shorthold tenancy in 2013 and the tenant has remained in occupation since. If the landlord serves a section 21 notice will it be invalid on the basis that the landlord has not served the tenant with an EPC and gas certificate?

This Q&A considers the requirements in order to serve a valid section 21 notice pursuant to the Housing Act 1988 in circumstances where a six-month fixed term tenancy commenced in 2013 and, thereafter, became a statutory periodic tenancy.

The requirements necessary to be complied with when serving a section 21 notice upon a tenant were made significantly more onerous by the commencement of the Deregulation Act 2015 (DA 2015) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646.

In particular, DA 2015 provides that, in respect of a tenancy which commenced on or after 1 October 2015 (including renewals), the landlord must serve the tenant with an energy performance certificate and gas safety certificate prior to the tenancy commencing. At first blush, it would seem as though the landlord in this scenario would be able to serve a valid section 21 notice, as the fixed term of the tenancy expired prior to 2015. However, there is also provision in the DA 2015, such that it is to apply to all tenancies from 1 October 2018, which essentially provided fo

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