Q&As

A landlord granted an assured shorthold tenancy before 1 October 2015, but has served the new form of section 21 notice on the tenant. Does service of the new form of notice impute any obligation on the landlord to provide prescribed information (applicable to post-1 October 2015 ASTs), for example service of EPC, gas certificate and How to Rent booklet?

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Published on LexisPSL on 26/03/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord granted an assured shorthold tenancy before 1 October 2015, but has served the new form of section 21 notice on the tenant. Does service of the new form of notice impute any obligation on the landlord to provide prescribed information (applicable to post-1 October 2015 ASTs), for example service of EPC, gas certificate and How to Rent booklet?

In England, a section 21 notice may not be served at a time when the landlord is in breach of a requirement prescribed by regulations, section 21A(1) of the Housing Act 1988 (HA 1988). The regulations presently in force are the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646. In particular, the landlord must give the tenant an energy performance certificate (under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118) and a gas safety certificate (under the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451). The landlord must also provide a copy of the document entitled ‘How to rent: the checklist for renting in England’, as published by the Department for Communities and Local Government. That document can be sent either in hard copy or by email, providing the tenant has indicated that it is content to accept service of documents under or in connection with the tenan

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