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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2048
Experience:  Expert
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I wish to gain possession of my property and begin

Customer Question

I wish to gain possession of my property and begin proceedings. A section 21 notice was served in march for the tenant to leave in May. The tenancy actually ended in Feb.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I cannot find the EPC and the tenant will not allow access or give me his copy.. Can I proceed to go to court without the EPC and explain to the court why this is not available? England
JA: What steps have you taken so far?
Customer: Nothing else besides the s.21
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Tenant is not cooperating since receiving notice of possession
Submitted: 5 days ago.
Category: Law
Expert:  MARTINT330 replied 5 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 5 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 5 days ago.

You can still apply a court order to order the tenant to give you a copy of the EPC. Failure to make available an EPC when required by the Regulations means you may be liable for a civil penalty charge notice.

In this situation. I'd advise applying again. You’ll need to find an accredited assessor, and they’ll assess your property and produce the certificate.

Expert:  MARTINT330 replied 5 days ago.

Is there anything else I can help with today?

Customer: replied 5 days ago.
No nothing else at present, besides he also stopped paying the rent in May but I am not fussed about claiming the rent I just want the property back
Customer: replied 5 days ago.
Hi Martin :-)
Expert:  MARTINT330 replied 5 days ago.

Hello. Yes, I understand.

Expert:  MARTINT330 replied 5 days ago.

I would advise applying again if you want to get an EPC, but you couldn't because your tenant won't give you a copy.

Customer: replied 5 days ago.
Oh dear sorry I meant the gas safety certificate
Customer: replied 5 days ago.
I have the EPC, the tenancy agreement, the how to rent booklet and I have evidence of the boiler service (that is the only gas appliance)
Expert:  MARTINT330 replied 5 days ago.

I understand. If that's the case, you should have the original copy. As a rule, you must carry out an annual gas safety check and provide tenants with a copy of the record of that check.

Expert:  MARTINT330 replied 5 days ago.

You could face prosecution, a fine of up to £6000, and up to six months in prison if you don't carry out an annual gas safety check.

Customer: replied 5 days ago.
Just not the certificate, which he has. I called the gas Safe register but they do not have the old one registered and said I could book an engineer for a new one, but I was under the impression that I need it before making the application to the court for possession
Customer: replied 5 days ago.
he has the copy and unfortunately, I cannot find the original.
Customer: replied 5 days ago.
Trying to book the annual safety check but he will not allow access and has changed the locks. I want to start proceedings but I'm unsure if I can without the certificate
Expert:  MARTINT330 replied 5 days ago.

I understand. Yes, it is possible that you cannot start proceedings without the certificate. Serving a section 21 notice without a gas certificate will make your notice invalid.

Expert:  MARTINT330 replied 5 days ago.

Have you considered contacting the company that issued the gas certificate? You may request them since you lost the original copy.

Customer: replied 5 days ago.
Hi, yes I am waiting for my husband to contact them. Hopefully, we will get the copy
Expert:  MARTINT330 replied 5 days ago.

That's great.

Expert:  MARTINT330 replied 4 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.